Attention:
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When an Investigation Hits: Strategies for Effective and Rapid Resolution When Your Team is Remote


Level: Advanced
Runtime: 62 minutes
Recorded Date: February 02, 2021
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Agenda

  • Scoping the Investigation
  • Balance Data Coverage Considerations
  • Sequence Collection
  • Recognize Key Dynamics
  • Critical Processing Dynamics
  • Exploit Communications Analytics
  • Take Advantage of AI
Runtime: 1 hour, 2 minutes
Recorded: February 2, 2021

Description

Investigations are on the rise – and collecting data from remote workforces that use unmonitored applications on personal devices is among the greatest challenges. A delicate balance must be struck between finding potential evidence from new data sources, such as ephemeral messaging apps and social media, and individual data privacy rights. Further, unlike traditional eDiscovery, investigations conducted remotely require coordinated communications and operational management.

In this CLE-accredited session, hear from leading legal experts on how they have short-circuited often expensive and time-consuming investigations efforts to find the evidence that will tell the story. They will share their experiences on collecting data from remote employees, ephemeral data preservation obligations and effective instant messaging, social media and BYOD policies, project management techniques, and use of targeted analytics approaches to assess potential evidence.

This program was recorded as part of ALM's Legalweek 2021 Virtual Conference on February 2nd, 2021.

Provided By

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Panelists

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Richard Day

Head of eDiscovery, Serious Fraud Office
OpenText

Richard is the first Head of eDiscovery at the Serious Fraud Office. He was previously a principal investigative lawyer at the SFO where he worked on cases involving serious and complex fraud and bribery. He leads a team of engineers and technical and support staff providing eDiscovery services to the operational divisions of the SFO.

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Andrea L. D'Ambra

Head of eDiscovery & Information Governance
Norton Rose Fulbright

Andrea L. D'Ambra is a partner in the New York office and spearheads the firm's outreach to Technology sector clients in the United States. She is also the U.S. Head of eDiscovery and Information Governance. Andrea focuses her practice on data privacy, e-discovery, cross border discovery, and cybersecurity.

Andrea works with clients to manage information risk, whether it is related to litigation or regulatory inquiries, navigating foreign data privacy laws, assessing the impact of a cybersecurity incident, or managing the day to day retention of an organization's data. Andrea works with numerous technology clients and has deep expertise in addressing the unique issues that arise for tech sector clients. She is also a recognized thought leader on the challenges posed by emerging technologies. During the past five years, she has championed the leveraging of advanced technology to quickly, efficiently, and defensibly respond to Hart-Scott-Rodino (HSR) second requests and other regulatory investigations. Recently, she represented a target corporation in the first European Commission DG Comp investigation where the parties were permitted to use Technology Assisted Review to identify documents relevant to the inquiry.

Andrea counsels clients on preservation and data management issues, and has drafted information governance and records management policies for a number of multi-national companies. In addition to counselling, she has assisted clients in navigating foreign data privacy laws while complying with U.S. discovery obligations. She also counsels clients on breach preparedness, assessing potential cybersecurity incidents and the regulatory notifications required when an incident rises to the level where it must be reported. Andrea regularly speaks on cybersecurity, data protection and e-discovery issues, and has written on various information risk topics.

Andrea served for over seven years as an officer in the United States Navy. Her diverse Naval experience includes serving as an action officer for high-profile investigations within the Bureau of Naval Personnel and managing the administrative and legal issues of the Navy's computer network defense command.

Andrea is an adjunct professor of law at Temple and William and Mary Law Schools where she teaches classes on Electronic Discovery. She is member of the Steering Committee of the Sedona Conference's Working Group 1 that focuses on Electronic Document Retention and Production. She is also a member of Sedona Working Group 6 which focuses on Cross Border Discovery, and Working Group 11 that considers data privacy and cybersecurity.

Andrea is a Certified Information Privacy Professional for the European Union (CIPP/E) through the International Association of Privacy Professionals (IAPP).

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Lindsay White

Director, Global Litigation & Investigations
Applied Materials

Lindsay is a Director of Global Litigation, Investigations & IP Protection at Applied Materials. She manages a broad range of litigation and works with internal stakeholders regarding a variety of internal and external investigations, and insider/data security risks. She also leads Ops and eDiscovery for the Litigation team.

Prior to Applied Materials she was a Senior Associate at Paul Hastings in the Intellectual Property Litigation Group managing complex cases involving patent, copyright, trademark, trade secret and breach of contract claims across a variety of technologies. She has litigated in various district courts and at the ITC. She has handled appeals to the Court of Appeals for the Federal Circuit and IPR/CBM proceeding at the Patent Trial and Appeal Board.

Lindsay earned her B.S. in Materials Engineering from California Polytechnic State University SLO, and her J.D. from Northeastern University School of Law. While in law school, she externed for Chief Judge Vaughn R. Walker and interned at Sun Microsystems.

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Tracy Drynan

Principal Consultant
OpenText

Tracy D. Drynan has extensive experience across the E-Discovery lifecycle including, interpreting Requests for Information and Complaints to identify sources of relevant information, developing strategies for targeting and gathering data, performing custodial interviews, and managing the collection of information.

Tracy’s experience also includes developing strategies for analyzing relevant data, conducting in depth investigations into the data prior to production, and producing data after vetting and processing the data for protected privilege and PII. Additionally, she has developed tools that were critical to and used throughout the matter lifecycle.

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Tom Gricks, III

Lead Strategy Consultant
OpenText

A prominent e-discovery lawyer and a leading authority on the use of technology-assisted review, Tom is the Director of Data Analytics at OpenText. At Catalyst he advised corporations and law firms on best practices for applying technology to reduce the time and cost of discovery and investigations.

Tom has more than 30 years’ experience as a trial lawyer and in-house counsel, most recently with the law firm Schnader Harrison Segal & Lewis, where he was a partner and chair of the E-Discovery Practice Group. He was lead e-discovery counsel in Global Aerospace v. Landow Aviation, the first case in the country to authorize the use of TAR over the objection of opposing counsel.


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