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The Government Reference Model


Level: Advanced
Runtime: 63 minutes
Recorded Date: January 29, 2019
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Agenda


  • Overview of the Government Investigations Reference Model (GIRM)
  • Strategies for handling relevant investigation data
  • Protecting confidential legal information
  • Maximizing the protection provided by the Attorney-Client Privilege and the Work Product Doctrine
Runtime: 1 hour and 3 minutes
Recorded: January 29, 2019

Description

Businesses facing government investigations require specialized and experienced support. The Government Investigations Reference Model (GIRM) roadmaps how to manage an investigation from start to finish for regulators and their subjects. During this session, practitioners will learn where, when and how they can identify, contain, interrogate and disclose relevant data for optimal representation through the course of an investigation.

This program was recorded as part of ALM's Legalweek Conference on January 29th, 2019.

Provided By

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Panelists

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Scott A. Milner

Partner
Morgan, Lewis & Bockius, LLP

PARTNER Co-leader and one of the original attorneys in Morgan Lewis’s eData practice, Scott A. Milner counsels and advises companies in electronic discovery and information governance processes and best practices. He works with Morgan Lewis’s lawyers across practice groups to tailor strategies and discovery management plans for clients around the globe, in numerous industries and disciplines. Scott’s practice encompasses all phases of eDiscovery, from preservation and collection to review and production of large volumes of electronically stored information (ESI).

Scott participates in 26(f) conferences, negotiates ESI agreements and stipulations addressing the scope of preservation of information, and details data that’s not reasonably accessible. He also advises on collection methodology, search and retrieval methodology, FRE 502(d) orders, and production specifications.

Clients frequently engage and rely on Scott to negotiate discovery protocols with several US government agencies, including the Department of Justice, the Securities and Exchange Commission, the Federal Trade Commission, the Department of Labor, the Consumer Product Safety Commission, and the Office of Inspector General of the Department of Health and Human Services, as well as numerous state US Attorneys’ offices. He serves as eDiscovery liaison in jurisdictions across the United States, negotiates technology-assisted review protocols, and handles motions related to discovery disputes.

Clients’ in-house legal counsel, technology teams, and records-management departments collaborate with Scott to develop and implement best practices for eDiscovery. He develops internal and external discovery guidelines addressing each phase of the Electronic Discovery Reference Model (EDRM) for clients including a global technology company and a global logistics and shipping company.

Sharing more than a decade of experience in eDiscovery, Scott is a frequent speaker at continuing legal education classes (CLE), seminars, and webcasts. He addresses such issues as case law updates, best practices, and practice pointers for key phases of the EDRM. He also covers crucial trends in eDiscovery, including bring your own device (BYOD), social media, technology-assisted review, cloud computing, ABA ethics rule changes, and the proposed amendments to the Federal Rules of Civil Procedure. Scott often writes articles covering these topics as well.

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Glenn Melcher

Special Counsel for eDiscovery
Consumer Financial Protection Bureau

Glenn Melcher is the Special Counsel for eDiscovery and Information Governance for the Consumer Financial Protection Bureau. Mr. Melcher provides legal advice and guidance to attorneys in the Bureau’s Office of Enforcement on discovery issues in the issuance of civil investigative demands, compliance with CIDs, enforcement of CIDs and district court and administrative litigation in enforcement actions by the Bureau. He also provides legal advice and guidance to the Bureau on a wide-range of information governance issues, including privacy and security, records management and FOIA issues.

Before assuming his current position at the CFPB, Mr. Melcher was Special Counsel for eDiscovery at the IRS Office of Chief Counsel. Mr. Melcher also served as Branch Chief of the IRS Chief Counsel Office responsible for providing advice to IRS Counsel and Department of Justice attorneys on bankruptcy issues and closing agreements.

Prior to joining IRS Chief Counsel, Mr. Melcher was a Senior Trial Attorney in the Tax Division of the Department of Justice where he litigated numerous complex cases involving large corporations and partnerships.

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David M. Greenwald

Partner
Jenner & Block LLP

Mr. Greenwald is AV Peer Review Rated, Martindale-Hubbell’s highest peer recognition for ethical standards and legal ability. He is the editor of Jenner & Block’s Attorney-Client Privilege Update online resource center and its Protecting Confidential Legal Information handbook, and he is co-editor of Testimonial Privileges, published by Thomson Reuters and co-editor of the Second Edition of Privilege and Confidentiality: An International Handbook, published by Bloomsbury Professional for the International Bar Association. Mr. Greenwald is a frequent speaker on topics relating to cross border discovery, privilege, ethics, e-discovery, and insurance and reinsurance. He is a member of the firm’s Complex Commercial Litigation, Insurance Recovery and Counseling, International Arbitration, and Bankruptcy Practices.

Mr. Greenwald maintains an active pro bono practice. He has represented indigent criminal defendants, including serving as trial counsel in a death penalty case. He has also handled a wide variety of other pro bono matters relating to civil rights, parental rights, asylum proceedings, and other matters. He has provided leadership to a variety of community organizations, including serving for seven years as president of Mwangaza, Inc., a non-profit corporation that supports health-related projects for physically disabled children in Tanzania. Mr. Greenwald served on the board of the Grant Park Orchestral Association from 2009 to 2013. He is currently serving on the board of The Few Initiative For Children. He has been an active member in the American Bar Association’s Insurance Coverage Litigation Committee (ICLC) and the International Bar Association’s Litigation, Insurance, and Arbitration Committees.

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Allison Stanton

Associate General Counsel & Director, eDiscovery and Information Governance
Facebook

Allison Stanton is the Director and Associate General Counsel of eDiscovery & Information Governance for Facebook, Inc. Allison’s legal, strategic, and managerial expertise is derived from the unique and diverse perspectives she gained throughout her legal career at Facebook, the United States Department of Justice, and Hogan Lovells.

At Facebook, Allison provides legal and technical advice in Facebook’s national and international civil litigation, regulatory investigations, and information governance matters. Allison leads a talented team of eDiscovery & Information Governance attorneys, legal and technical professionals, and data scientists. When counseling on civil litigation and civil regulatory matters worldwide, Allison collaborates with all facets of Facebook’s leadership, product, business, finance, and engineering teams. Allison’s team also advises, drafts, and implements information governance and retention policies company wide.

Prior to her current role at Facebook, Allison was the Director of eDiscovery, FOIA, and Records for the United States Department of Justice’s Civil Division. The Civil Division is the largest litigating component of the Department of Justice; litigating over 50,000 affirmative and defensive cases a year. Allison lead the office responsible for meeting the Division’s eDiscovery, FOIA, and records obligations across all Division matters. Allison was frequently called upon by senior Department of Justice leadership and others throughout the federal government for legal guidance and counsel on complex information management and eDiscovery issues involving technology and law. Among the recognition received for her work, Allison received the Attorney General’s Distinguished Service Award, one of the Department’s highest awards, in 2014 and again in 2015 for her work that led to the multi-billion dollar settlements with banks who committed mortgage fraud.


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