Mastering Discovery: New developments, cross-border challenges, and ethical considerations

Brett Holubeck | Fisher & Phillips LLP

Brett takes a practical approach to counsel and defend businesses and individual in employment law issues and disputes. He knows that good preventative measures are crucial to avoiding litigation and improving performance and employee morale. Brett advises on employee handbooks, drafts employment agreements, helps ensure compliant policies, and understands the importance of having the right policies and practices in place. He has handled wage and hour, employee leave, noncompete, and labor relations matters, as well as represented companies before the NLRB. Finally, Brett runs his own blog,  texaslaborlawblog.com covering various employment and labor law issues.

Bryant Isbell | Baker McKenzie

Bryant Isbell is the Managing Director of Global eDiscovery and Data Advisory at Baker McKenzie. Bryant is an industry expert with more than 20 years of experience focusing on information governance, data privacy, full EDRM lifecycle execution and management, and data analytics. He has extensive experience in a variety of practice areas, including, Civil and Criminal Litigation, White Collar Crime, International Trade, Anti-Corruption and Compliance and Antitrust.

During Bryant’s career, he has worked on countless disputes and investigations. He handles all aspects of e-discovery and forensics globally for the firm. Additionally, he provides consultative advice to clients on the preservation, collection, processing, hosting and production of ESI. Bryant has successfully implemented analytics and Technology Assisted Review (TAR) workflows into client engagements to defensibly and efficiently reduce data volume and project cost. Bryant is an expert in data privacy and international collection logistics, and has managed multiple complex projects in North America, Latin America, Europe and Asia involving hundreds of millions of documents and thousands of reviewers worldwide. He is responsible for the strategic selection and implementation of electronic discovery tools for the firm, as well as training and professional development of the litigation support professionals. Bryant is also responsible for managing and overseeing the firm’s use of LPO’s, and contract attorney teams.

Bryant is a member of the Sedona Conference Working Group on International Electronic Information Management and Disclosure, as well as Electronic Document Retention and Production. Bryant is also a frequent panelist on topics of project management, electronic discovery, and information governance at ILTA Con and Legal Tech New York. Bryant is also an adjunct professor for the eDiscovery Distance Learning Program, a member of the UK Board of Directors for the Association of Certified E-Discovery Specialists and a member of the Executive Advisory Board of the International Legal Technology Association (ILTA).

Sintia Saenz | Baker McKenzie

Sintia is the Associate Director for the Alternative Legal Services group based in Tampa, Florida. She manages a team of attorneys focused on providing services to global practice groups in areas such as, Antitrust & Competition, Compliance & Investigations, Dispute Resolution, Employment &Compensation, Tax, and IP Technology.

Prior to joining Baker McKenzie, Sintia began her career as a civil litigator in Miami, Florida. She has been practicing law for the past 16 years and has spent most of her career as an eDiscovery attorney. As such, she consults with global clients to establish, develop, and implement successful litigation strategies in the area of eDiscovery.

Alongside the Global eDiscovery & Data Advisory Managing Director, she has helped build out an eDiscovery attorney team in Tampa to service and supervise eDiscovery matters, develop relationships with LPO providers to ensure the hiring of qualified contract attorneys, provide training and best practice protocols to internal and external stakeholders, and oversee reporting, deadlines, and budgets for all matters handled by her team. While at Baker McKenzie, she has also developed advanced eDiscovery strategies and processes with attorney teams globally to achieve desired, efficient, and cost-effective solutions, which may include leading and managing large LPO teams across the United States and internationally.

Kirby Drake | Kirby Drake Law PLLC

Kirby B. Drake is the Founder of Kirby Drake Law PLLC in Dallas, Texas. Since 2002, Ms. Drake has focused her efforts on helping clients successfully navigate their intellectual property (IP) challenges, whether those challenges relate to patents, trademarks, trade secrets, or copyrights. She has a special focus on the patent process, as she is a registered patent attorney. Ms. Drake is a former chair of the State Bar of Texas Intellectual Property (IP) Section as well as the Women and the Law (WAL) Section.

Session I – New Developments in Discovery and Essentials for Attorneys | 10:00am – 12:10pm

• Developing an initial discovery plan
• Effective document review

Break | 11:00am – 11:10am

• Latest trends in e-discovery
• Implementing effective data analytics
• Pitfalls in e-discovery

Break | 12:10pm – 12:20pm

Session II – Managing Complex Discovery Scenarios | 12:20pm – 1:20pm

• The challenge of collecting, processing, reviewing, and producing data in a global environment
• Early identification of cross-border privilege issues
• Effectively communicating with opposing counsel to achieve productive solutions despite the challenges

Break | 1:20pm – 1:30pm

Session III – Examining the Ebb and Flow of E-Discovery: Tips, tricks, and ethics | 1:30pm – 2:30pm

• Rules for e-discovery and key takeaways
• Case law examples from when pitfalls occur in e-discover
• Lessons to be learned from e-discovery sanction case law
• Social media e-discovery pitfalls