R502

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Establishing and maintaining procedures for records retention and data management is crucial to help avoid potentially crippling issues for your company or clients. Rule 502: Implementing and Maintaining Records Retention LIVE Webcast which is especially geared to CPA’s, Auditors, Attorneys and Consultants, will pinpoint the Federal Rules of Evidence regarding Electronically Stored Information, Including ways to protect very privileged data.

Some of the key areas covered by this webcast:
- Analysis of Rule 502
- Issues surrounding the destruction of documents and data (18 U.S.C. Section 1503)
- How to devise and implement effective records programs
- Avoiding the pitfalls of other companies

This Live webcast is a must attend event for professionals who are at least partially responsible for data management policies at theirs or their client’s firms.

Course Level: Intermediate
Prerequisite: None
Method Of Presentation: Group-Based-Internet
Developer: The Knowledge Conference
Recommended CLE/CPE Hours: 1.75 - 2.0
(Please note, your State Bar or Accounting Board will make the final determination with respect to continuing education credit. If you are applying for CLE credit in Texas you must register 20 days before the event date.)
Advance Preparation: Print and review course materials
Course Code: 093872
Recording Fee: $299 (Please click here for details)
NASBA Sponsor Number: 109004

 

Featured Speakers for Rule 502 live webcast:


  Event Talking Points (click here to view more)
SEGMENT 1:


David C. Shonka, Principal Deputy General Counsel,
Federal Trade Commission

Rule 502 does not solve basic problems
     – breadth of subject matter waivers
     – what constitutes inadvertent disclosure
     – what constitutes reasonable efforts

Scope of waiver
     – as DC Cir has said: is a flexible term
     – although 502 talks about disclosures only affecting the specific doc
     – it also provides for exceptions when appropriate
     – what does this mean?
        – email example
        – the remaining email messages in the chain
        – the materials relating to the meeting
        – the discussions at the meeting
        – everything relating to the subject of the meeting

What constitutes inadvertence?
     – note three tests under the rule
        – inadvertence
        – reasonable care in the first instance
        – reasonable care in correcting the error
     – are all three elements needed?
     – what is reasonable care?

Address the ambiguities in Rule 502
     – clawback agreements
     – court orders
     – items for negotiation
        – what is the scope of any potential waiver // what triggers it
        – what is a reasonable search
        – what constitutes a reasonable effort to cure

SEGMENT 2:


Frederick M. Borchardt, Partner, Leader, National Records Risk Management Service Line,
KPMG LLP

Know where your records and electronically stored information reside
    - Paper
    - External Drives
    - Notebooks
    - External Media
    - E Mail
    - PC’s and Workstations
    - Systems and Shared Files

Develop an actionable retention schedule
    - Distinguish between records and non-records
    - Group record types by business activity
    - Create manageable retention buckets
    - Purge in a consistent manner

Create a Sustainable Governance and Operating Structure
    - Obtain C level buy in and involvement
    - Define roles and responsibilities
    - Provide organizational training
    - Monitor compliance

Use Enabling Technology
    - Automate to the extent practical
    - Limit end user decision making
    - Implement enterprise software
    - Manage legacy systems, backup tapes and outdated media.

SEGMENT 3:


David J. Lender, Partner, Co-Chair, Complex Commercial Litigation Practice,
Weil, Gotshal & Manges LLP

- How to use Rule 502 to minimize the costs of ediscovery
     – Potential uses of sneak peaks and quasi sneak peaks blessed by court under Rule 502(d)
     – When and if technology can be used to implement document review
     – Minimizing burdens as it pertains to privilege logs and avoiding waiver
     – Using rule 26(f) to minimize privilege review

SEGMENT 4:


Amy Longo, Partner, Co-Chair, Electronic Discovery and Document Retention Practice,
O'Melveny & Myers LLP

- Courts so far have interpreted Rule 502 narrowly
    - Discuss Rhoads case
    - Discuss Relion case
    - Discuss Alcon case

- Obstacles remain to litigants' realization of the promised cost savings of Rule 502
    - Limitations of automated search technologies
    - Inability to "unring the bell" -- if the substance of disclosed privileged or work product
      materials are seen by the opposing party
    - Skepticism of whether nonwaiver agreements will be enforced

- Designing defensible privilege reviews
    - Need for testing and sampling of any automation
    - Approaches to privilege logs
    - What should be in any clawback agreement



Federal Trade Commission
David C. Shonka
Principal Deputy General Counsel
speaker bio »»

KPMG LLP
Frederick M. Borchardt
Partner, Leader, National Records Risk Management Service Line
speaker bio »»

Weil, Gotshal & Manges LLP
David J. Lender
Partner, Co-Chair, Complex Commercial Litigation Practice
speaker bio »»

O'Melveny & Myers LLP
Amy Longo
Partner, Co-Chair, Electronic Discovery and Document Retention Practice
speaker bio »»

Who Should Attend?

- CPAs
- Auditors
- E-Discovery and Information Management Lawyers
- General Counsels
- Record Retention / Information Management Officers
- National Records Risk Management Officers
- Public Companies
- Accounting & Finance Personnel
- Forensic Technology Consultants

Why Attend?

This is a must attend event to get the chance to hear the up-to-the minute updates on Rule 502: Implementing and Maintaining Records Retention
- New guidance explained by the most qualified key leaders & experts
- Hear directly from key regulators & thought leaders
- Interact directly with panel during Q&A

Registration Information:                                                                                                                                    



Rule 502: Implementing and Maintaining Records Retention
Speaker Firms:


Federal Trade Commission




Weil, Gotshal & Manges LLP






 

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