Seminar Program

Seminar Program

Friday, April 1, 2022

8:00–9:00 a.m.Registration & Continental Breakfast
8:45–9:00 a.m.Welcome & Opening Remarks
Linda M. Correia, NELA President & Ashley Westby, Program Manager
9:00-10:30 a.m.ESI 101—What Is It and Why Do You Need It?
Moderator/Speaker: M. Nieves Bolaños
Speaker: Chad S. Roberts
The seminar will open with an overview of what types of ESI are useful/necessary, an explanation of what can be gained from ESI vs. PDF/paper copies of electronically stored information, and a discussion of metadata, e-mail, Word and Excel documents, HRIS systems, collaboration platforms like Teams or Slack, and information on cellular devices.
10:45 a.m.–12:00 p.m.I Know All the Twitters—The Role of Social Media and Collaborative Software in ESI
Moderator/Speaker: Kira Y. Fonteneau
Speakers: Miles E. Shultz
Gone are the days when people wrote letters/memos and/or spoke to each other in person. And it’s not just Twitter, Facebook, and Instagram anymore—new social media platforms are coming online and gaining in popularity by the day, and litigants and courts continue to wade through the information soup that is social media. Communication takes place on social media, via messaging, and on collaborative platforms such as Teams and Slack. This panel discussion will identify sources of relevant communications for employment cases, why those sources are important, how to obtain those communications from the Defendant and/or from third parties via subpoena, what to do with the data once you receive it so that it can be valuable evidence.

1:15–2:30 p.m.CONCURRENT SESSIONS
Best Practices for Collecting and Preserving Client ESI Without Breaking the Bank (Beginner)
Speaker/Moderator: Hannah Cole-Chu
Speakers: Angi Kittelson & John L. Mays
A panel covering best practices for identifying, preserving, collecting, and reviewing our clients’ ESI, with an emphasis on tools and techniques that can be used without a third-party vendor and with the goal of keeping costs down. If clients are assisting with self-collection, what steps do you take to ensure consistency in the quality of their searches? What is the appropriate collection/production format in light of proportionality considerations for individuals? What are the best practices for preserving metadata? How do you document the process so that it’s defensible if the company challenges it? This can be challenging, particularly in a world where we may have multiple clients, each with several social media accounts, phones, thousands of texts, and both work and personal email accounts.
Database Discovery—Metadata, Forms, and Fields, Oh My! (Intermediate/Advanced)
Moderator/Speaker: Lisa L. Clay
Speaker: Carlos A. Baradat
This panel provides an overview of data discovery basics—how databases work, what terms you should know, why data discovery is helpful and necessary, what to ask for, and how to ask for it. Practitioners will also highlight recent decisions and developments in database discovery.
2:45–4:00 p.m.CONCURRENT SESSIONS
Be Careful What You Ask For—ESI Discovery in a One Plaintiff Employment Discrimination Case (Beginner)
Moderator/Speaker: Heather Newsom Leonard
Speaker: Kelly Twigger
This panel features a hands-on session providing tips for effectively obtaining targeted and manageable ESI in a single-plaintiff discrimination case. Panelists will cover what to ask for and how to get it, and will provide tips for drafting effective Rule 30(b)(6) notices, interrogatories, requests for production, and requests for admission.
Courtroom Technology (Intermediate/Advanced)
Speaker/Moderator: Bert S. Braud
Speaker: Joe Schell
Our experts will discuss the wide variety of technology innovations that can make courtroom presentations more efficient and powerful.
4:15–5:30 p.m.Smartphones and Texting—A Preservation and Production Primer
Speaker: Kelly Twigger
Practitioners discuss the latest issues in discovery involving cell phones and text messages, including the increasingly common technology of ephemeral messaging and other challenges in preservation.
5:30–7:00 p.m.Reception
Generously co-sponsored by the National Institute for Workers’ Rights

Saturday, April 2, 2022

8:00–9:00 a.m.Registration & Continental Breakfast
9:00–10:15 a.m.CONCURRENT SESSIONS
What The Other Side is Thinking: Identifying and Dealing with Defense-side ESI Strategies (and Shenanigans) (Beginner)
Moderator/Speaker: Marcus G. Keegan
Speaker: Jeannine M. Kenney
Our panelists will address the most common and latest defense-side strategies relating to preserving, obtaining, and using ESI. Attendees will leave with a better understanding of the defense-side playbook and how to come up with a counterstrategy.
Recent Developments in ESI Case Law (Intermediate/Advanced)
Moderator: Robert L. Schug
Speakers: Kyle P. Pozan & Shawn J. Wanta
Join our panelists for a discussion of recent important court decisions on ESI issues, focusing on the federal courts. This panel will highlight cutting-edge issues that are finding their way into court and give real-life examples of how ESI disputes are resolved in litigation.
10:30–11:45 a.m.CONCURRENT SESSIONS
Incorporating ESI Into Your Preservation and Demand Letters (Beginner)
Moderator: Chiquita Hall-Jackson
Speakers: Sarah J. Arendt & Max P. Barack
Our expert panelists will provide an overview of what to include in both a preservation letter and a letter of representation to make sure electronic discovery is preserved and not subject to spoliation.
Email Searches—Valid or Not? (Intermediate/Advanced)
Moderator/Speaker: Adeash “AJ” Lakraj
Speaker: Dr. Maura R. Grossman
Email searches don’t have to be a shot in the dark, guessing at search terms. Developing authority requires the producing party to validate its chosen search methodology, and seriously consider TAR where it may be more cost effective and accurate than search terms. Practitioners discuss how to press for search process validation, to make sure that searches are gathering an appropriate level of responsive documents, and not leaving too much important information behind.
1:15–2:30 p.m.A View from the Bench—A Judicial Perspective on ESI
Moderator: Rebekah L. Bailey
Speakers: The Hon. James C. Francis IV
A conversation with judges on how to explain complex technological problems in a simple way. This panel will also address Sedona Principle 6, which says that the producing party is best situated to preserve, search, and produce its own ESI. But the fact that the producing party is in the best position does not mean that they ultimately implement a successful plan.
2:45–4:00 p.m.Playing Nice in the Sandbox: Preparing for and Conducting an Effective (and Cooperative) Rule 26(f) Conference on ESI Issues
Moderator/Speaker: Adria L. Silva
Speakers: Brian R. Morrison & Scott M. Grzenczyk
This panel will focus on educating plaintiffs’ lawyers on techniques for how to ask for and obtain the ESI that they want early on in the case. Our speakers will share tips and strategies to minimize delays and decrease the need for court involvement on ESI issues that often arise early in litigation (e.g., preservation letters, ESI protocols, negotiating custodians and search terms, or proposing alternative methods of ESI production like predictive coding, TAR, etc.).