Whatever Happened to Rule1?

Stratify is conducting a 4-panel LegalTech 2010 SuperSession entitled Whatever Happened to Rule1? on Tuesday, February 2 in New York City. The four substantive panels, with distinguished jurists and eDiscovery attorneys, are designed to move beyond the traditional LegalTech technology sessions.

While attendance for these panels is free when you register for exhibit hall access at LegalTech, space is limited, so please RSVP to legaltech2010@stratify.com for a VIP reservation to ensure seating at the panel(s) of your choice.

WHAT: Stratify SuperSession: Whatever Happened to Rule 1?
WHERE: LegalTech 2010 New York (Sutton Parlor Center Room)
ADDRESS: New York Hilton, 1335 Avenue of the Americas (between 53rd and 54th)
WHEN: Tuesday, February 2, 2010
ATTENDANCE: Free, with Exhibit Hall registration at LegalTech 2010
PANEL 1 | 8:30 am - 09:45 am

Can we have our cake and eat it, too?  Cooperation vs. zealous advocacy.

  • Senior Judge James Rosenbaum, (D. Minn.)
  • Jim Batson, Partner, Liddle Robinson
  • Robert Feldman, Senior Legal Counsel, Litigation, Citrix
  • Bob Kaler, Partner, McCarter & English
  • John (Jack) Regan, Partner, WilmerHale

    • Moderator: Tom Barnett, VP Consulting, Stratify

How can lawyers balance their ethical duty to zealously advocate on behalf of clients against the demands of eDiscovery that, increasingly, require greater cooperation with opposing counsel? 

PANEL 2 | 10:15 am - 11:30 am

How much justice can we afford? Rescuing civil justice from the costs of eDiscovery.

  • Martha Born, Chief Litigation Counsel, Biogen Idec, Inc.
  • Alexandra Buck, Senior Counsel and Director of eDiscovery and Records Management, Abbott Laboratories
  • Brian Wycliff, Partner, PricewaterhouseCoopers LLP

    • Moderator: Matthew Levy, Associate Director, Stratify

The cost of eDiscovery has distorted civil litigation and ever-increasing data volumes appear destined to drown the entire justice system. What is the road that general counsel and CIOs should follow to integrate eDiscovery into information management? 

PANEL 3 | 12:45 pm - 2:00 pm

Is the tail wagging the dog? Winning on the law instead of winning on eDiscovery.

  • U.S. Magistrate Judge, Andrew J. Peck, (SD NY)
  • Wendy Curtis, Special Counsel for E-Discovery, Orrick
  • Anthony Diana, Partner, Mayer Brown
  • Alexander Shapiro, Managing Director and Senior Managing Counsel of The Bank of New York Mellon

    • Moderator: Michael Simon, Technology Counsel, Stratify

eDiscovery has changed the practice of law, but is that change for the better or worse? Have attorneys abrogated their responsibility to identify responsive documents by depending on the “precision and recall” of keywords? Are parties trying to hide relevant evidence behind ambiguous discovery objections and narrow keyword selection?

PANEL 4 | 2:30 pm - 4:00 pm

The Good, the Bad, and the Ugly? International judges panel comparing different legal systems and eDiscovery approaches.

  • Justice Colin Campbell, Superior Court of Justice, Toronto, Canada
  • Judge Simon Grenfell, Designated Civil Judge, Leeds and North Yorkshire, England
  • Magistrate Judge David Waxse (D.KS.)
  • Senior Master Whitaker of the Senior Courts in the Queen's Bench Division, Royal Courts of Justice, London
  • Loren Kieve, Kieve Law Offices

    • Moderator: Fred Nemeth, Associate Director, Stratify

Our panel of distinguished US and international jurists will weigh the relative costs and benefits of eDiscovery and eDisclosure regimes:

  • Why UK and other jurists put a premium on proportionality and reasonableness while US courts at times ignore the FRCP’s similar requirements?
  • Whether escalating costs will cause the decline of “self-directed” discovery rules in favor of judicially-directed eDiscovery?
  • Should losing parties pay litigation costs? Would a “loser pays” regime bring the US justice system back into line with Rule 1 aspirations?