KMK E-Discovery Symposium Agenda 2013

KMK E -Discovery SymposiumAgenda

Tuesday, September 17, 2013Hilton Cincinnati Netherland Plaza

KMK E -Discovery Symposium AgendaTuesday, September 17, 2013 | Hilton Cincinnati Netherland Plaza

KMK E -Discovery Symposium | 1

8:00 a.m.–8:30 a.m. Registration and Continental Breakfast/Sponsor Exhibit Area Open

8:30 a.m.–8:40 a.m. Welcome & Introductions

James E. (Jim) Burke Partner Keating Muething & Klekamp PLL

For 35 years, Jim Burke has helped clients develop sound litigation strategies and execute on those strategies successfully to resolve corporate disputes. Jim’s practice focuses on complex corporate and commercial litigation, including both trial and appellate practice, in state and federal court. He has handled cases before courts in Ohio, Kentucky, California, New York, Illinois, Pennsylvania, Michigan, Georgia, Colorado, and Delaware. He has significant experience in financial and transactional cases, commercial matters, class and derivative actions, and actions arising under the federal securities laws. In 1997, Jim was inducted into the American College of Trial Lawyers, membership in which is extended by invitation only to “experienced trial lawyers who have demonstrated exceptional skill as advocates and whose careers have been marked by the highest standards of ethical conduct, professionalism, and civility.”

SeSSion A — e-DiScovery ServiceS Spotlight: legAl project MAnAgeMent to ADvAnceD electronic review StrAtegieS

The first set of presentations will include an overview and discussion of E-Discovery matters and litigation support services. Speakers will discuss legal project management principles and budgeting, litigation hold implementation, legal compliance best practices and strategies, Electronic Discovery Reference Model (EDRM) best practices implementation, and advanced electronic document review strategies.

8:40 a.m.–8:55 a.m. E-Discovery Services Overview

Stephanie M. Maw E-Discovery/Litigation Support Director Keating Muething & Klekamp PLL

Stephanie Maw administers the firm’s E-Discovery and Litigation Support services, with a focus on E-Discovery strategy, compliance, and technology implementation. She is the Director of the Firm’s E-Discovery/Litigation Support Group (ED/LSG), a cross-disciplinary group operated jointly between KMK’s Litigation Practice Group and the Information Technology Group. Her role as KMK’s E-Discovery Task Force Chair makes her uniquely suited to lead the firm’s efforts to bridge the gap between counsel, information technology, information security, and business groups in formulating proactive, defensible, and cost-effective E-Discovery best-practices and solutions for clients. Working in conjunction with Rich Wills and Joe Callow, Stephanie has led the development of the firm’s growing information governance and litigation readiness client services.


2 | KMK E -Discovery Symposium

8:55 a.m.–9:15 a.m. E-Discovery Project Budgeting and Litigation Management

We know that E-Discovery costs can be the greatest unknown variable in a single case or overall in-house budget. Litigation Practice Group Co-Chair Joe Callow will discuss ways to control E-Discovery and litigation costs, avoid surprises, and reduce variable costs in projects and cases–and improve the buying power of your budgeted dollars.

Joseph M. (Joe) Callow, Jr. Partner Keating Muething & Klekamp PLL

Joe Callow helps clients manage and reduce litigation risk and litigation costs. When litigation arises, he handles and coordinates cases on a national, regional, and local basis. Joe primarily works on class action and complex commercial litigation. He has experience in securities, ERISA, antitrust, and general corporate and business litigation, as well as in copyright infringement and intellectual property litigation, False Claims Act and qui tam litigation, product liability/tort litigation, and constitutional law. A leading member of KMK’s E-Discovery Task Force, in recent years Joe has successfully managed a series of large scale civil litigation and regulatory investigation matters involving complex E-Discovery issues. Working in conjunction with Rich Wills and Stephanie Maw, Joe also has led the development of the firm’s growing information governance and litigation readiness client services.

9:15 a.m.–9:30 a.m. Strategic & Defensible Litigation Holds: Best Practices Implementation, From Policy to Procedure

The challenges associated with creating, implementing, and enforcing a defensible and cost-effective series of information governance policies, processes, and procedures at an enterprise level are vast and complex. Add to that the ever-present need to mitigate risks of spoliation sanctions with well-established rising litigation costs and dramatically shrinking corporate budgets. Whether you represent a small or large business enterprise, cross-disciplinary E-Discovery practitioner Stephanie Maw will explain how to galvanize your key players, technologies, and existing operations infrastructure and turn liabilities into assets, confusion into clarity, and risk to security. Perhaps most importantly, we will discuss how to develop a litigation hold policy and procedure that will actually work successfully within your organization.

Stephanie M. Maw E-Discovery/Litigation Support Director Keating Muething & Klekamp PLL


9:30 a.m.–9:50 a.m. Legal Project Management Principles and Advanced E-Review Strategies

Perhaps the biggest buzz words on the E-Discovery landscape today, Litigation Partner Danielle D’Addesa, will pull back the curtain and reveal the inner workings of “Legal Project Management” (LPM) and advanced e-review strategies both from a best practices and a successful case study standpoint. Learn what it takes to consistently deliver successful electronic document review and production deliverables among the most time-sensitive and complex regulatory and civil litigation matters, and walk-away with business-critical tools in your proactive E-Discovery and litigation readiness toolkit.

Danielle M. D’Addesa Partner Keating Muething & Klekamp PLL

Danielle D’Addesa is committed to building and maintaining solid client relationships and helps clients manage litigation risk and develop cost-efficient case management strategies to achieve successful resolutions. Danielle’s practice focuses on complex corporate and commercial litigation and appellate matters, including ERISA defense, securities law and class action litigation, regulatory investigations, and False Claims Act/Qui Tam litigation. A leading member of KMK’s E-Discovery Task Force, Danielle has significant experience in E-Discovery management and consultation, advising clients and implementing defensible, cost-efficient strategies in all aspects of electronic discovery, including the preservation, collection, processing, review, and production of electronically stored information. She has extensive experience managing sizeable teams of litigation attorneys and paralegals on document reviews for large and complex commercial litigation and regulatory investigation matters.

9:50 a.m.–10:00 a.m. Audience Q&A for Session A

10:00 a.m.–10:15 a.m. Break/Sponsor Exhibit Area Open




SeSSion B — e-DiScovery technology UpDAte The second section of our program will cover various E-Discovery technologies that can

be implemented to ensure successful and efficient E-Discovery solutions. Technologies to be covered include: NexGen Storage (Fusion-io) and IPRO e-Capture.

10:15 a.m.–10:35 a.m. KMK FEATURED PARTNER SPOTLIGHT: IPRO TECH, INC. Building & Fortifying Your E-Discovery Framework to Withstand the Elements

Whether you’re planning to purchase or rent, the decision to implement an internal E-Discovery strategy requires thorough research and careful planning. In this session, Kim Taylor of Ipro Tech, Inc. and Clarence Williams of KMK, will deliver a brick-by-brick analyses of best practices, due diligence, and selection criteria to help corporate E-Discovery decision makers develop a customized blueprint to their specifications. Over the course of the past seven years, KMK has researched, vetted, and interviewed more than 75 providers as we built our network of preferred service partners, while Ipro has deployed scalable, powerful software solutions at over 400 service providers’ locations around the world. Together, we will share our findings to save you time and resources when determining your course of action.

Kim Taylor President & Chief Operating Officer

Ipro Tech, Inc.

Kim Taylor is Ipro’s President and COO and holds responsibility for managing the overall strategic growth and direction of the company. Prior to joining Ipro, Kim was co-founder and Chief Executive Officer of Lex Solutio for eight years. During his tenure as CEO, Lex Solutio was appointed by the Court to manage the data for the Enron litigation, which remains the largest document-intensive case in litigation history. Lex Solutio was acquired by Encore Discovery Solutions in 2003, and at the time of purchase had 750 employees with five locations and revenue of over $23 million. After a hiatus, Kim rejoined Encore Discovery Solutions as COO and helped develop the company into one of the top providers of electronic discovery and related services, eventually resulting in the sale of the company for $100 million to Epiq Systems.

Clarence Williams, III E-Discovery/Litigation Support Technology Manager Keating Muething & Klekamp PLL

Clarence Williams manages the firm’s E-Discovery and Litigation Support technology, with a focus on electronic data discovery (EDD) processing, litigation document management systems, electronic document productions, and overall technology infrastructure and operations. His additional core responsibilities include data conversion, database administration, building and monitoring third-party vendor relationships, and oversight and execution of electronic document production deliverables during the discovery phase of litigation. After joining the firm in 2008, Clarence helped to lead the growth and expansion of KMK’s E-Discovery and Litigation Support services and emerging business unit.



Prior to joining Keating Muething & Klekamp in 2008, Clarence served as Operations Manager for one of the region’s leaders in Litigation Support services. Having begun his career in information technology with Arthur Andersen, Docuqest Technologies, and Spectrum/Lason, he has a diverse imaging and electronic document discovery expertise. Over the course of his 19 year career in this field, Clarence has worked on several high profile cases, all of which exceeded a million pages of discovery, i.e., Breast Implant Litigation, Exxon Merger, and the Enron Litigation, to name a few.

10:35 a.m.–10:55 a.m. KMK FEATURED PARTNER SPOTLIGHT: FUSION-IO Data Storage Platforms for E-Discovery: A Solid State Approach

Storage for E-Discovery embodies many of the challenges facing IT: Rapidly growing capacity requirements, ever-increasing performance demands, and constant end-user inefficiencies. The adoption of solid-state storage improves this picture by allowing storage systems to regain lost ground not only meeting these demands, but also improving the economics and efficiency of data storage.

Dean Steadman Senior Product Manager Fusion-io

Dean Steadman is a Senior Product Manager focused on storage solutions for virtualized environments. He has more than 20 years of experience designing, developing, deploying, supporting, and just plain breaking software. Dean’s career spans several technology start-ups as well as working with traditional IT companies like Hewlett-Packard. His top priorities are hands-on time with technology and face time with customers and partners.

Richard E. (Rich) Wills Chief Information Officer Keating Muething & Klekamp PLL

Rich Wills serves as Chief Information Officer (CIO) at KMK. As CIO he is responsible for the efficient and effective management of the information technology function including planning, organizing, and directing the activities of the Information Technology Department. His responsibilities also include the development and oversight of technology related policies and procedures, formulation of strategic planning, and implementation of technology initiatives, as well as the budgeting and approval of technology related expenditures. A leading member of KMK’s E-Discovery Task Force, Rich, along with Joe Callow and Stephanie Maw, has helped lead the development of the firm’s growing information governance and litigation readiness client services.



10:55 a.m.–11:35 a.m. KEYNOTE PRESENTATION Analytical Document Reviews: Leveraging Technology Case Studies

Keynote Speaker Karl Schieneman will be presenting, for the first time, case studies of three analytical document review projects which he designed and in some cases staffed, which illustrate the power of tying advanced technology to the field of document review. The three case studies can be broadly classified as predictive coding, visual clustering, and deep dive clustering. All three cases are highly visible, successful, and were used in litigation matters which have received press coverage in The Wall Street Journal. He will share the pro’s and con’s of being at the cutting edge of technology and how antacid medication can play a useful role in progressive E-Discovery experimentation.

Karl Schieneman, Esq. President & Owner Review Less, LLC and Review Right, LLC

Karl Schieneman is a 14 year veteran of electronic discovery. He pioneered Midwest sourcing with his first legal staffing company Legal Network which staffed the majority of the Baycol litigation from Pittsburgh, Pennsylvania, from 2002 – 2006 with more than 200 contract lawyers, earning him an Ernst & Young Entrepreneur of the Year Award in 2004.

Over the past several years, Karl has dedicated much of his time to less labor intensive analytical reviews and predictive coding as the architect of Global Aerospace, the first predictive coding case where a protective order was successfully ordered by the court despite the opposition of other parties in the case, a deep dive review of 375,000 documents in only three days in litigation between two substantial medical insurance providers, and a mass redaction and production project as Special Master involving a dozen dormant asbestos cases comprising over 1.4 million pages accomplished in a tight timeframe of four weeks with a small team of reviewers by using new clustering and redacting software to be produced in the Garlock Sealing Technologies asbestos related bankruptcy litigation.

Karl is known nationally for his education materials in E-Discovery including hosting more than 200 free ESIBytes podcasts with 150,000 downloads, creating the first E-Discovery board game called Discovery Land, and his numerous blog posts on predictive coding found at www.eDiscoveryJournal.com.

11:35 a.m. –11:45 a.m. Audience Q&A for Session B



SeSSion c — KMK client cASe StUDy pAnel with AUDience Q&A

Our final session will feature a client case study panel, highlighting various methods organizations have used to successfully unite their companies’ legal, risk and compliance, information technology, and executive teams to implement effective E-Discovery practices. Real E-Discovery scenarios from multiple organizations will be examined and discussed in depth.

11:45 a.m.–12:45 p.m. A Room With a View: Cross-Disciplinary Client Panelists Discuss Real Life Lessons Learned

Leaders from Fifth Third Bank, Farm Bureau Insurance Company/Farm Bureau Financial Group, Mercedes Benz of Cincinnati, and KMK discuss their E-Discovery case study experiences, offering a candid assessment of lessons learned, take-aways, and best practices. A must-attend for in-house counsel, information technology/information security, business compliance, and operations teams tackling the difficulties of information governance and E-Discovery challenges and solutions.

Panel Moderator: Stephanie M. Maw

Brian HackneyMercedes Benz of Cincinnati

Robert W. (Bob) Maxwell IIPartner Keating Muething & Klekamp PLL

Michael L. MockFormerly: Vice President and Assistant General Counsel for Litigation Farm Bureau Life Insurance Company and Farm Bureau Financial Group

Currently: Vice President & Associate General Counsel Sammons Financial Group Member Companies

Tom R. ShepherdInformation Security & Records Retention Officer Farm Bureau Financial Group and Farm Bureau Financial Services

James R. (Jim) HubbardSenior Vice President & Chief Legal Officer Fifth Third Bank

Shannon H. BarrowVice President & Legal Counsel Fifth Third Bank

Additional KMK Panelists:

James E. (Jim) Burke

Joseph M. (Joe) Callow, Jr.

Danielle M. D’Addesa

Amber M. Justice-Manning

12:45 p.m.: Boxed Lunches Will Be Available for Pick Up Symposium Concludes Sponsor Exhibit Area Open



KMK would like to thank our Symposium Sponsors: Review Less is a national electronic discovery consulting business run by

E-Discovery entrepreneur and attorney Karl Schieneman which combines testing document review attorneys on their ability to do document review work and leveraging analytical technology to radically change how electronic discovery is performed. Some examples include:

• Served as the architects of the first predictive coding company to pass entirely through the process from litigating its acceptance to producing documents in the Global Aerospace case saving the client millions of dollars.

• Serving as a court appointed Special Master overseeing a review of a dozen national asbestos cases and used cutting edge predictive redaction tools to review and redact over a million documents with hundreds of thousands of Social Security Numbers and sensitive documents with a team of 11 attorneys spread across four cities (including many from Cincinnati) instead of 100 offshore coders.

• Serving as predictive coding advisory consultant in a multi-billion dollar securities litigation.

• Staffing a multi-year, 50 attorney review project in Minneapolis using tested document review attorneys in a national pharmaceutical case.

For more information about Review Less visit www.reviewless.com.

Fusion-io delivers the world’s data faster. From e-commerce retailers to the world’s social media leaders and Fortune Global 500 companies, our customers are improving the performance and efficiency of their data centers with Fusion-io technology to accelerate the critical applications of the information economy. NexGen hybrid storage, a Fusion-io system solution for small to medium enterprises, is ideal for customers seeking to virtualize mission-critical workloads, deliver high performance VDI, and control efficient application acceleration across shared storage environments. For more information, please visit www.fusionio.com.

Founded in 1989, Ipro is a global leader in the development of advanced software solutions used by legal professionals to streamline the discovery process. Ipro’s worldwide network of corporations, law firms, government agencies, and legal service providers rely on Ipro’s Enterprise platform to organize, review, process, and produce litigation data of vast sizes and complexity levels more efficiently and cost-effectively than ever before. For more information on Ipro, visit www.iprotech.com.

Four (4) hours of CLE are available for attorneys needing Ohio and/or Kentucky CLE.

The KMK E-Discovery Symposium is offered to clients and friends of the firm at no charge.

Free Wi-Fi and electronic hook-ups will be available for attendees wishing to use tablets, smart phones or laptops.

The Hilton Cincinnati Netherland Plaza is located at 35 West Fifth Street (the corner of Fifth and Race Streets), Cincinnati, OH 45202-2899. For additional information on the venue,

please visit www.cincinnatinetherlandplaza.hilton.com or call 513.421.9100.

The hotel’s valet parking is located on the left side of Race Street between Fourth and Fifth Streets, underneath the hotel. The cost for valet parking is $15/day or $25/overnight.

There is additional parking available at the Tower Place Garage (also known as Pogue’s Garage) with entrances on Race, Fourth and Elm Streets. The cost is $12/event.

www.kmklaw.com

One East Fourth Street, Suite 1400 • Cincinnati, OH 45202 • tel 513.579.6400 • fax 513.579.6457 • [email protected]

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KMK E-Discovery Symposium Agenda 2013