E-Discovery for Government

Controlling costs through effective e-discovery policies
Date: September 17 & 18, 2013
Location: Toronto
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Highlights

Key e-discovery decisions

Litigation case management

Current Canadian guidelines

Managing costs of e-discovery procedures

Protecting privacy and confidentiality

Outsourcing vs. in-house

Latest technological solutions

Forensic investigations

The future of e-discovery practices

Faculty

FACULTY
COURSE LEADERS
Joseph Coltson, Duff & Phelps Canada Limited
Joseph Coltson is Managing Director at Duff & Phelps, responsible for Global eDiscovery and Forensic Services, focusing on the many facets of litigation support including computer forensics, eDiscovery and investigative support.
Stephen I. Selznick, Cassels Brock & Blackwell LLP
Stephen I. Selznick is a Partner at Cassels Brock & Blackwell LLP. His practice is concentrated on corporate and commercial law.
CO-LECTURERS
Timothy M. Banks, Dentons LLP
Timothy Banks is a Partner at Dentons LLP. His practice consists of providing reasoned written opinions on complex or novel business law issues.
Alexandra S. Clark, Ontario Securities Commission
Alexandra Clark is a Litigation Counsel with the Enforcement Branch of the Ontario Securities Commission.
Diana Dimmer, City of Toronto
Diana W. Dimmer is Director, Litigation Practice Group at the City of Toronto. She is one of two Directors of the Litigation Practice Group.
Monique Jilesen, Lenczner Slaght Royce Smith Griffin LLP
Monique Jilesen is partner at Lenczner Slaght LLP with expertise in complex commercial litigation.
C.W. Daniel Kirby, Osler, Hoskin & Harcourt LLP
C.W. Daniel Kirby is a Partner and environmental litigation lawyer at Osler, Hoskin & Harcourt LLP.
Kathryn J. Manning, Blake Cassels & Graydon LLP
Kathryn J. Manning is Counsel in the Litigation Group of Blake, Cassels & Graydon LLP. She is also responsible for advising the group on e-discovery compliance issues, processes and best practices
Susan Nickle, Wortzman Nickle Professional Corporation
Susan Nickle is a Partner Wortzman Nickle Professional Corporation. She provides legal advice regarding e-discovery, records management and litigation management support to law firms and corporations.
Chuck Rothman, Wortzman Nickle Professional Corporation
Chuck Rothman is the Director of the e-Discovery Services at Wortzman Nickle Professional Corporation.
Tom Schreiter, Ministry of the Attorney General (Ontario)
Tom Schreiter is Counsel at the Crown Law Office – Civil, at the Ministry of the Attorney General. His practice is focused on police and civil servant liability, regulatory negligence, corporate commercial litigation, and administrative law.
Robert W. Staley, Bennett Jones LLP
Robert Staley is a Partner at Bennett Jones LLP. Rob's practice focuses on complex commercial and securities litigation and securities regulation.
Johanna Superina, Ontario Securities Commission
Johanna Superina is Manager in the Enforcement Branch of the Ontario Securities Commission. She has acted as lead counsel on a number of significant enforcement cases

Program

COURSE PROGRAM
Distinguishing Features & Challenges of E-Discovery in the Public Sector
Government agencies and departments have seen themselves involved in a growing number of lawsuits, which have highlighted how the e-discovery process poses particular difficulties for public sector entities. This session will examine the issues that make e-discovery practices different for the public sector.

Dealing with the growing amount of e-data and sources of data in the public sector

Difficulty in maintaining privilege, confidentiality and privacy

Dealing with the dramatic increase in data volumes

Adopting new technologies into existing infrastructure

Proportionality and Controlling the Scope of E-Discovery
In today's budget-tightening climate, governments need to adopt new approaches to address e-discovery challenges to meet their legal obligations in a cost-effective manner. This session will look at strategies for controlling the scope of electronically stored information and the impact of the proportionality principle on the public sector’s obligations to store and produce electronic information.

Strategies to control and contain the scope of electronically stored information

Application of the concept of proportionality

Rules of civil procedure updates impacting e-discovery

Bringing the Records, IT and Legal Departments Together
A truly effective e-discovery process requires the coordinated efforts of your legal department, IT professionals and records managers. Too often, though, these groups work in silos and not in concert. This session will examine how to break down barriers and to improve cooperation and communication.

Understanding the different approaches that lawyers, IM and IT people use to tackle a problem

How to get records, legal and IT departments working together

Clarifying the roles of each of legal, IM and IT

Bridging the communications gap

Best Practices for Dealing with Litigation Holds
Litigation holds in e-discovery are more complex than other contexts and expose organizations to potential liability. For this purpose, a litigation hold mechanism should be built into a document policy, requiring the creation and maintenance of internal systems and processes. This session will examine best practices for building a defensible litigation hold process.

Determining the scope of a litigation hold

Step by step guidelines to follow upon receiving a file

Leading cases on spoliation and litigation holds

International perspectives on litigation holds

Establishing an E-Document Retention Policy Framework
To reduce risks and meet preservation obligations, government organizations should implement e-record retention policies and practices that are reviewed by legal counsel on a regular basis. Implementing a good records management system can be crucial for cost-effective e-discovery. This session will provide best practices for establishing a successful e-records retention strategy.

Building and implementing a retention policy framework

Addressing the creation, retrieval, maintenance, preservation and disposition of e-records

Establishing e-document management systems and processes

Key legal risks and requirements

Proactive Pre-Litigation Strategies: Cost Effective E-Discovery Preparation
In order to conduct effective e-discovery processes that minimize both cost and risk, public sector organizations need to take a proactive approach to e-discovery and overall litigation readiness. This session will examine proactive pre-litigation strategies that focus on cost effective e-discovery preparations.

Why cost effective e-discovery processes start with effective information management policies and practices

Creating litigation hold policies and procedures

Data maps: what data you have, where is it, and who owns it?

Building an e-discovery response team

Best practice plans for litigation, regulatory investigation or audit

Protecting Privilege, Confidentiality & Privacy in E-Discovery for the Public Sector
The e-discovery process can result in a heightened risk of unintended disclosure of information for government. In order to avoid serious problems, measures should be put in place to protect privileges, privacy, trade secrets and other confidential information during the production of e-documents. This session will look at ways to maintain privacy and data security throughout the e-discovery process.

Maintaining your e-records privacy obligations during the e-discovery process

How the law of privilege impacts e-discovery practices

Privacy legislation in Canada and its impact on e-discovery

Responding effectively to inadvertent disclosure

E-Discovery Issues in Regulatory Proceedings
In this session, key e-discovery issues that may arise at several stages (Investigation Stage, Disclosure Stage, Hearing Stage) in regulatory proceedings will be examined through the lens of an Ontario Securities Commission proceeding.

Scope of investigation

Production requests and the preservation and collection of evidence

Cooperation with OSC staff

Issues surrounding format and access

Use of e-documents in hearings

Minimizing E-Discovery Risks: Effective ESI Management at the City of Toronto
This discussion details a proactive approach to managing electronically stored information in the public sector, one that minimizes both the cost and risk of the e-discovery process and improves litigation readiness.

Legal considerations impacting data retention policies

Implementing document review and production procedures

Security and controls issues: procedures for data preservation and data destruction

Handling e-mail

Multimedia Presentations

MULTIMEDIA PRESENTATION
Distinguishing features of e-discovery in the public sector: Challenges of e-discovery in the public sector
Jim Bates
Platinum Legal Group
Proportionality and controlling the scope of e-discovery recent Canadian court rulings: Proportionality
Gary H. Luftspring
Ricketts, Harris LLP
Developing and implementing e-discovery policies for government
Peg Duncan
IT and eDiscovery
New rules for e-discovery: Key provisions and applications for the public sector
Kelly Friedman
Davis LLP
Making the business case for e-discovery planning: Getting buy-in for litigation readiness
Stephen J. Maddex
McMillan LLP
Bringing the records, IT and legal departments together
Lewis Eisen
Industry Canada
Proactive pre-litigation strategies: Cost effective e-discovery preparations
David Sharpe
KPMG LLP
Best practices for dealing with litigation holds
J. Thomas Curry
Lenczner Slaght Royce Smith Griffin LLP
Handling preliminary motions
J. Thomas Curry
Lenczner Slaght Royce Smith Griffin LLP
Protecting privilege, confidentiality & privacy in e-discovery for the public sector
Tom Sutton
McCarthy Tétrault LLP
Open data and crowdsurfing: E-discovery managed for or by the public
Raphael Sussman
Ministry of Natural Resources (Ontario)
Managing systems in anticipation of litigation & discovery
Kalman Magyar
Iovate Health Sciences Research Inc
Cloud computing risks & their resolution
Wayne C. Matus
Pillsbury
Recent Canadian court rulings: proportionality
Laurie A. MacFarlane
Canadian Imperial Bank of Commerce (CIBC)
Utilizing third parties outsourcing vs. in-house
William Platt
Platinum Legal Support
Managing e-discovery costs
Pamela Fontaine-Peters
Micrapol Associates Ltd
E-discovery procedural guidelines / Best practices for handling a discovery file
Susan Wortzman
Wortzman Nickle Professional Corporation
Latest e-discovery case law & rules
Brett Harrison
McMillan LLP
Legal admissibility of electronic evidence
Damien McCotter
Torys LLP
Litigation case management: Impact of e-discovery on litigation preparation and practice
Thomas Sutton
McCarthy Tétrault LLP
Implementing a records retention/management program to reduce e-discovery costs and risks
Vigi Gurushanta
IMERGE Consulting Inc.
The current state of the law in Canada and the U.S.: key e-discovery decisions
Brett Harrison
McMillan LLP
Preservation of e-documents obligation
Jerry J. Patterson
Fraser Milner Casgrain LLP
Forensics investigations / Preservation of e-documents obligation (panel)
Susan Nickle
Wortzman Nickle Professional Corporation
Protecting privilege confidentiality & privacy during e-discovery
Timothy M. Banks
Fraser Milner Casgrain LLP

Participants

Bennett Jones LLP

Blake Cassels & Graydon LLP

Cassels Brock & Blackwell LLP

City of Toronto

Dentons LLP

Duff & Phelps Canada Limited

Lenczner Slaght Royce Smith Griffin LLP

Ministry of the Attorney General (Ontario)

Ontario Securities Commission

Osler, Hoskin & Harcourt LLP

Wortzman Nickle Professional Corporation

Who should attend

Public Sector General & Senior Counsel; Directors, Senior Managers of Legal & Litigation Departments; Litigation Lawyers; Litigation Support Specialists; Technology Lawyers

Price

Price list:-
  • Course: $1975
  • Course and CD-ROM : $2150
  • CD-ROM Only: $799
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Additional Information

REGISTRATION:
To reserve your place, call Federated Press toll-free at 1-800-363-0722. In Toronto, call (416) 665-6868 or fax to (416) 665-7733. Then mail your payment along with the registration form. Places are limited. Your reservation will be confirmed before the event.
LOCATION:
Courtyard by Marriott Downtown Toronto, 475 Yonge Street, Toronto, ON, M4Y 1X7, (800) 847-5075
CONDITIONS:
Registration covers attendance for one person, the supplementary course material as described in this document, lunch, morning coffee and refreshments during breaks are provided for registered duration. The proceedings of the event will be captured on audio or video. Multimedia proceedings with all slides and handouts can be purchased separately on a CD-ROM which will also include the event material.
TIME:
Registration begins at 8:00 a.m. The morning sessions start promptly at 9:00.
CANCELLATION:
Please note that non-attendance at the event does not entitle the registrant to a refund. In the event that a registrant becomes unable to attend following the deadline for cancellation, a substitute attendee may be delegated. Please notify Federated Press of any changes as soon as possible. Federated Press assumes no liability for changes in program content or speakers. A full refund of the attendance fee will be provided upon cancellation in writing received 13 days prior to event date. No refunds will be issued after this date. Please note that a 15% service charge will be held in case of a cancellation.
DISCOUNT:
Federated Press has special team discounts. Groups of 3 or more from the same organization receive 15%. For larger groups please call Sandra Frattolillo at 1-800-363-0722, ext. 223 to get more information.
PAYMENT:
Payment must be received seven days prior to the event date.