E-DISCOVERY
and E-DOCUMENTS

Electronic documents are revolutionizing the way organizations manage their records – they have also opened up new areas of potential risk and costs for both public and private sectors. Because of the increased volumes, diverse formats, and often complex nature of these e-records and their underlying data, the rules governing discovery and document disclosure are also changing. Attend to learn about:

• Latest E-Discovery Developments, Rules and Practice Guidelines – Sedona and More, A National and Regional Update
• E-Discovery and the Electronic Trial – A Long Range View from the Front Lines
• Latest Case Law Developments and the Implications
• Impact of E-Discovery on Public Sector Litigation and Administrative Law Proceedings
• Crafting an E-Document Retention Policy Framework and Process that Meets Organizational and Legal Objectives
• Privilege, Confidentiality, Privacy and Access to Information Requests in an Electronic Environment
• E-Discovery Project Management Essentials Once the Writ Drops
• Litigation Case Management in the Era of E-Records – Cost, Time, Resources
• Expert Evidence under the New Rules of Civil Procedure – Implications of the New E-Discovery and Disclosure Rules
• Preservation Orders, Litigation Holds and Avoiding Spoliation Sanctions – New Obligations and Risks for All Organizations

PROGRAM CO-CHAIRS

Thomas P. Donovan
Partner, Cox & Palmer

Paul Fitzpatrick
Director, Legal Services
Bell Aliant Regional Communications

KEYNOTE SPEAKERS

Edward Gores Q.C.
Director of Litigation
Department of Justice, Nova Scotia

Glenn A. Smith
Senior Partner, Lenczner Slaght Royce Smith Griffin LLP

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MARKETING PARTNERS

• From Businesses and Public Sector Organizations, (including Municipalities and Hospitals)
• Legal counsel, VPs, Directors, Senior Managers of Legal and Litigation Department
• Compliance and Risk Officers
• Chief Information/Privacy Officers
• Records and IT Professionals

• From the Legal Sector
• Litigation lawyers, law clerks and paralegals
• Litigation Support and E-Discovery Experts
• Judges, Masters, Court Clerks
• Administrative Boards and Tribunals
• Legal Technology Managers
• Corporate and Administrative Lawyers

• As well as
• E-Records, IT, Computer Forensics, and Data Recovery Specialists

Dear Colleague,

With new rules of procedure such as Rule 16 in Nova Scotia, rapidly evolving case law, and potentially significant consequences in some jurisdictions for failure to meet expected records management standards, there are many reasons why e-record management should be a priority for today’s public and private sector organizations. Effective e-record management policies are a must to ensure compliance with changing legal requirements, and are just as essential for meeting organizational objectives – including cost management and risk minimization, particularly in today’s more challenging business environment.

This second annual Insight program delivers a value packed agenda that addresses the up-front needs of public and private sector organizations that are working to develop and implement effective record management policies. It also brings legal practitioners and records managers the latest updates on litigation in an electronic age, and provides a view into what is ahead for the electronic court room. Don’t be caught off guard if the writ drops! Attend and hear the latest on:

• Anton Piller Order – criteria for obtaining, court controls, what the Nova Scotia Rules 2008 say and elements of an effective Order
• E-Discovery across borders
• Complex litigation, class actions and judicial inquiries
• Computer forensics essentials for legal and record management professionals
• And, a not to be missed, MOCK E-DISCOVERY session

You will benefit from specially prepared, up to date materials, and will enjoy ample opportunities to ask your questions and have your issues addressed. For added value, lawyers, paralegals and records managers new to the topic will benefit from the two pre-conference workshops which provide an in-depth introduction to the topics of Managing E-Records and E-Discovery.

Whether you work in the private or public sector, if you work on litigation files or manage electronic records, this is one conference you should not miss. We look forward to seeing you at the conference in September.

Thomas P. Donovan
Partner, Cox & Palmer

Paul Fitzpatrick
Director, Legal Services
Bell Aliant Regional Communications

WEDNESDAY | SEPTEMBER 30, 2009

8:15 | 9:00

Registration and Continental Breakfast

9:00 | 9:05

Welcoming Remarks from Insight

9:05 | 9:10

Co-Chairs’ Opening Remarks

Thomas P. Donovan
Partner
Cox & Palmer

Paul Fitzpatrick
Director, Legal Services
Bell Aliant Regional Communications

9:10 | 10:00

E-Discovery and the Electronic Trial – A Long Range View from the Front Lines

Glenn A. Smith
Senior Partner
Lenczner Slaght Royce Smith Griffin LLP

10:00 | 10:15

Networking Coffee Break

10:15 | 11:15

The Latest E-Discovery Developments and Practice Guidelines – Sedona and More, A National and Regional Update

Susan Wortzman
Partner
Wortzman Nickle Professional Corporation

• Overview of new guidelines and standards on e-discovery and e-evidence
• Sedona Canada highlights and key issues
• Background and recent developments – USA and Canada

Thomas P. Donovan
Partner
Cox & Palmer

• Regional Developments in Atlantic Canada
  • Common law provinces
• Nova Scotia Rule 16
  • Identification of vendors
  • Development of a production protocol
  • Case law
• Major pitfalls and how to avoid them
  • Litigation response teams
  • Record retention policy development
  • Cost containment issues
• Expected developments on the horizon

11:15 | 12:15

Crafting an E-Document Retention Policy Framework and Process that Meets Organizational and Legal Objectives – Public and Private Sector Perspectives

Christene H. Hirschfeld
Partner
Boyne Clarke
Barristers and Solicitors

Robert Gerbrandt
E-Discovery Consultant
Ledjit Consulting

• Structuring a comprehensive e-document management system – key considerations and priorities
• What are the current legal obligations on retention of organizational records?
• Risk and compliance issues – privacy, security, confidentiality; access issues
• Design and implementation challenges and how they are being addressed
• The input, storage, retrieval, and destruction processes
• Identifying key players in the process
• Cost considerations and efficiencies
• Outsourced versus in-house solutions
• Administration, coordination, accountability
• Defining roles and responsibilities
  • Legal teams
  • Outside counsel
  • IT professionals

12:15 | 1:15

Networking Luncheon

1:15 | 2:00

Impact of E-Discovery on Public Sector Litigation and Administrative Law Proceedings

Edward Gores Q.C.
Director of Litigation
Department of Justice, Nova Scotia

2:00 | 2:45

Latest Case Law Developments and the Implications for Record Management and E-Discovery Practices

Jennifer Ross
Partner
Burchell Hayman Parish

• Latest Canadian case law update
  • eBay Canada Limited v. Canada (National Revenue), 2008
  • Mathieson v. Scotia Capital Inc., 2008 (ON S.C.)
  • Commissioner of Competition v. Labatt Brewing Company Limited, 2008
  • Chadwick v. Canada (Attorney General), 2008 BCSC 851
  • Innovative Health Group Inc. v. Calgary Health Region, 2008 ABCA 219
• Implications of recent decisions for litigation and for record management
• Review of case law in other jurisdictions and the likely fall out
• Take-aways and new standards set

2:45 | 3:00

Networking Refreshment Break

3:00 | 4:00

Privilege, Confidentiality, Privacy and Access to Information Requests in an Electronic Environment

Brian K. Awad
Partner
Burchell Hayman Parish

Daniela Bassan
Partner
Stewart McKelvey

• Protection of privilege in litigation – case updates, tips and strategies
• Privilege perspectives of in-house and external counsel
• Interface between protection of privilege and disclosure of electronic information
• Balancing relevance, privacy and confidentiality in litigation
• Considering privacy legislation and its impact on litigants and the courts
• Accessing information and responding to document requests in an electronic era

4:00 | 5:00

Forensic Investigations in the Electronic World – Computer Forensics Essentials for Legal and Records Professionals

Peter A. McInroy, LLB
Principal, ESI Consulting
Principal, M & E Legal Services Inc.

Neil Walker
Computer Forensic Analyst
DiscoverE Forensics Consulting (Halifax)

Susan Wortzman
Partner
Wortzman Nickle Professional Corporation

Dan MacRury Q.C.
Chief Crown Attorney - Cape Breton
Public Prosecution Service

• Available forensic methodologies and procedures
• Common consideration and pitfalls
• When should I consider using a forensic computer specialist?
• What data or information do I get by using forensics that I would otherwise miss? The perils of undetected metadata
• Strategies on how to identify, acquire and preserve relevant data in a legally and forensically sound manner and what legal and technical issues are involved
• Correct handling, processing and analysis of data
• Production and presentation of digital data
• Anton Piller Order – criteria for obtaining, court controls, what the Nova Scotia Rules 2008 say and elements of an effective Order
• What forms of data can a Blackberry/smart phone or similar device hold? How can it be accessed, harvested and produced as evidence?
• Differing approaches required when dealing with data on a desktop or laptop as opposed to a server environment
• How different types of email applications deal with emails (how and where they are saved) and what this means for legal proceedings
• How expensive is it to use a forensics approach and are there ways to reduce and/or control these costs – ie., Can we elect to use forensics on a selective basis?
• Policy and procedure takeaways

5:00

Conference Adjourns for the Day

THURSDAY | OCTOBER 1, 2009

8:30 | 9:00

Continental Breakfast

9:00 | 9:05

Co-Chairs’ Opening Remarks

9:05 | 10:00

If the Writ Drops – Managing the Imperatives of the Organization and the Litigation in an Electronic Document Environment

Sandra Potter
Managing Director
Potter Farrelly & Associates

• E-discovery project management essentials once the writ drops
• Defining roles and responsibilities for best outcomes and economies
• What are the roles and obligations of the various team players?
• Process and systems that should go into gear
• The most common pitfalls and how to avoid them
• Scope of production and the proportionality principle
  • Cost/benefit analysis
  • Negotiating the net for production

10:00 | 10:15

Networking Coffee Break

10:15 | 11:00

Litigation Case Management in the Era of E-Records – Cost, Time, and Resources

Debbie Boutilier
National Litigation Support/Manager ARO Litigation Support
Department of Justice

David MacNeil
Manager, Litigation Support Services
Cox & Palmer

• What are the top litigation file management challenges in an e-document environment?
• When should the specialists be brought in – litigation support, IT support, computer forensics, etc.
• How do you choose the right one for the job?
• Setting up the communication lines, the processes and the systems
• Cost containment strategies
• Key documentary tools and procedures

11:00 | 12:00

Latest Trends in Technology and Tools for E-Discovery

David Stewart
Partner, Forensic & Dispute Services
National Leader, Analytic & Forensic Technology Deloitte

• Database capacities and functions
• De-duplication and information reduction possibilities
• Search functions, search engines and search aids – what is possible?
• Meeting the challenges of e-data formats
• Impact on the role of counsel, of litigation support and the rest of the team
• Cost considerations and alternative solutions

12:00 | 1:00

Networking Luncheon

1:00 | 1:45

Complex Litigation, Class Actions and Judicial Inquiries – the Record Management and E-Discovery Challenges and How to Meet Them

Stacey O’Dea
Partner
McInnes Cooper

• How are these cases different? What are the real case management and e-discovery challenges?
• What are the current best practices and strategies for addressing these challenges?
• Databases, technologies and systems – best approaches for managing large volumes of information
• Mediation and arbitration processes and e-records

1:45 | 2:15

Expert Evidence Under the New Rules of Civil Procedure – Implications of the New E-Discovery and Disclosure Rules

Andrew Fraser
Partner
Stewart McKelvey

• Overview of new Civil Procedure Rules for experts in Nova Scotia
• Interaction with new Civil Procedure Rules on e-discovery and disclosure
• Roles for E-experts and consultants
• Technical and legal issues at play
• Tips and strategies

2:15 | 3:00

Preservation Orders, Litigation Holds and Avoiding Spoliation Sanctions – New Obligations and Risks for All Organizations

Jane O’Neill
Board Director/Partner
McInnes Cooper

Blair Mitchell
Litigation Counsel

• What triggers the preservation hold?
• What constitutes “negligence” in the management of records in a litigation context?
• Defensive strategies – reasonableness test, communication obligations
• Preservation orders – how far does the court’s reach extend?
• What information and records may be harvested?
• Allowable scope of search and seizure
• Metadata – what may be accessed?
• Metadata – what must be retained?
• Chain of custody – oversight and systems
  • who does what
  • oversight and accountability
  • communication issues: IT language versus legalese
  • logs

3:00 | 3:15

Networking Refreshment Break

3:15 | 3:45

E-Discovery Across Borders

Frank E. Walwyn
Partner
WeirFoulds LLP

• Legal considerations and jurisdictional issues
  • Case law
  • Process
• Practical considerations from a risk management perspective
• Common pitfalls and how to avoid them

3:45 | 4:45

Mock E-Discovery Session – Key Steps and Processes

In the role of “Judge”:

Frank E. Walwyn
Partner
WeirFoulds LLP

In the role of “Plaintiff representative”:

Dominic Jaar
President
Ledjit Consulting

In the role of “Defense representative”:
Jean-François De Rico
Langlois Kronström Desjardins

This mock session will walk you through the different phases of a case involving e-discovery: from the initial strategy and processes to the production of the relevant documents. Tips and tricks for all parts of the EDRM will be offered by lawyers who specialize in e-discovery. To ensure that the session sticks to reality, a “judge” will moderate the panel and render an order necessary for a successful e-discovery. Join us to discuss:

• Key preparation steps
• Important milestones
• Identifying the potentially relevant documents
• Preserving them
• Meet and confer
• From collection to processing
• Cost and time issues
• Key decisions and what to consider in making them

4:45

Register 3 delegates for the main conference at regular price at the same time and you’re entitled to register a fourth person from your organization at no charge. For other group discounts, please call 1-888-777-1707. All discounts must be redeemed when booking, discounts will not be valid or applied after this time.