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What corporations and their counsel need to know about the new rules governing search and the latest technologies to meet those mandates.

In recent years, Courts (federal and state) have begun questioning the validity of key word searches—as well as the ability of lawyers to craft those searches. In doing so, they have refused to order the return of inadvertently-produced privileged documents for failing to use a proper search protocol, which can obviously change the course of your case. Lawyers suddenly find themselves speaking with their malpractice carrier while their clients wonder what happened.

This seminar will cover the new rules on keyword searching and provide practical tips to ensure that your search techniques are up to par. After discussing the key search cases and their implications for privilege review, our distinguished faculty of e-discovery lawyers and search experts will show new methods for improving search and making sure privileged documents are not inadvertently produced, and if so, how to ensure your protocol is defensible.

Topics will include:

• The Search Cases: From O’Keefe to Hawley Insurance—Are lawyers qualified to craft and run their own search methodologies?
• Should you cooperate with opposing counsel in formulating search terms?
• Are you able to certify your search methodology for the Court?
• Defensibility of Your Search Protocol: What must lawyers do to ensure that inadvertently produced privileged documents will be returned and not used in the case pursuant to FRE 502 and “clawback agreements.”
• Tips and Techniques to Find Privileged Documents: Practical advice from search experts on how to find privileged documents and improve your search strategy.
• Advanced Analytical Techniques for Managing Large Document Populations: New statistical and mathematical techniques to find relevant documents and pare down document populations to target relevant documents.

Panelists

Michael R. Arkfeld, Esq.

Michael R. Arkfeld is an attorney, speaker and author who is involved on a daily basis in the discovery and admission of electronic information. Among his writings are Arkfeld on Electronic Discovery and Evidence (3rd ed.) treatise, Arkfeld’s Best Practices Guides for Electronic Discovery and Evidence, ESI Pretrial Discovery — Strategy and Tactics, Legal Hold and IT Primer for Legal Professionals available from LexisNexis (www.lexisnexis.com/arkfeld). He is also the author of The Digital Practice of Law: A Practical Reference for Applying Technology Concepts to the Practice of Law.  Michael is a member of the State Bar of Arizona and the recipient of the national 2004 E-Evidence Thought Leading Scholar Award. His websites at www.arkfeld.com and www.elawexchange.com features additional electronic discovery and evidence materials and resources.

John Tredennick, Esq.

Prior to founding Catalyst, John Tredennick was a nationally-known trial lawyer and litigation partner with Holland & Hart. Active in the American Bar Association, Tredennick was chair of the Law Practice Management Section and served as editor-in-chief of Law Practice Management Magazine, which reached over 20,000 readers around the world. He also founded and for many years edited the ABA’s successful Web Magazines: Law Practice Today and Law Technology Today.

He has written and edited five best-selling books and countless articles on litigation and technology issues. Recently, he was named one of the "Top 100 Global Technology Leaders" by London's CityTech magazine. He also serves as a member of the Short Course Faculty at the University of Virginia Law School where he teaches a course called "Electronic Discovery in a Global Environment

Charles W. Cohen, Esq.

Charles Cohen is a partner at Hughes Hubbard & Reed LLP, where he is a co-chair of the eDiscovery Practice Group and a co-chair of the Firm’s Technology Committee.  Mr. Cohen has a national and international litigation and eDiscovery practice, and has appeared in numerous federal and state courts across the country.  He is a member of the electronic discovery committees of both the Defense Research Institute and the Lawyers for Civil Justice.  He is also the Chair of the Products Liability Committee of the New Jersey Defense Association.  He is a graduate magna cum laude of Brooklyn College where he was elected to Phi Beta Kappa and a graduate cum laude of the Georgetown University Law Center.