CONFERENCE AGENDA

The annual PREX conference is dedicated to improving the understanding of what organizations must do to meet the evolving standards of data preservation in 2014 and beyond.

Tuesday September 9

1:00 - 5:00 pm

Pre-Event Legal Hold Pro Users Group Meeting

On Tuesday afternoon, we will be conducting a series of interactive panel discussions for existing Legal Hold Pro users, providing an opportunity to share best practices and tips based on real-world experiences as well as explore our product roadmap. The user group meeting is a separate event from the Conference on Preservation Excellence.

6:00 - 9:00 pm

2014 PREX Conference Welcome Reception

Join us for cocktails and appetizers as we kick-off the PREX-14 conference at the Picnic House in downtown Portland. It’s a great way to relax and meet other attendees while enjoying delicious food and drink in a historic Portland venue.

Wednesday September 10

8:30 – 8:45 am Welcome and Introductions Conference welcome, introductions and opening remarks for the 2014 PREX conference.

8:45 – 9:15 am 2013-14: The Preservation Year in Review Setting the stage for the conference with a review of the past year and how the legal hold landscape as evolved, including summarizing key cases and trends observed over the last 12 months. This session will also include a brief presentation of results from the second annual Legal Hold Benchmark industry survey for 2014.

9:15 - 10:30

Building an Enlightened Legal Hold Plan

This session focuses on creating a solid preservation response plan, including how the organization recognizes and responds to a triggering event, scoping the hold, and enabling a defensible preservation strategy. The emphasis will be on showing how it can work holistically across departments and in a manner that reduces organizational friction.

10:30 - 10:45 am Networking Break

10:45 - 12:00 pm Constructing the Preservation-Ready Organization

We discuss how to infuse a “culture of compliance” in your organization. This is fundamental to setting the stage for a successful preservation strategy. This session focuses on how the Legal team can lead an organization to better prepare for responding to a legal hold imperative. Topics will include:

• building strategic alliances and means of communication across the organization, • assessing and monitoring risk, • investing in employee training and effective education, and • establishing meaningful policies, procedures and practices.

12:00 - 1:00 pm Lunch

1:00 – 1:45 pm New Rules – But What Has Changed?

We have all been following the multi-year efforts of the committee to update the Federal Rules of Civil Procedure. With the new Rules well on their way to implementation in late 2015, organizations must know how to adapt to them. This session will provide an update on what is changing, including dissecting the new Rule 37(e), and what it means to preservation strategies.

1:45 – 2:45 pm Using Preservation as a Strategic Weapon So often preservation is thought of as a challenge to be overcome. However, it can also be the key to winning a case. This session will explore how data preservation can and is being used as a strategic weapon, by you and your opposition. The discussion will include:

• How can you execute a preservation plan helps you get your case in order? • When entering a Rule 26 ‘meet and confer,’ what should you be asking and be prepared to

show? • How to probe to ensure your opposition is fulfilling its preservation responsibility, while

protecting against points of failure in your own practices

2:45 – 3:00 pm

Networking Break

3:00 – 3:45 pm Addressing the Cost of Preservation This session will focus on ways to address the escalating cost of preservation, including balancing the cost of over-collection and the threat of sanctions for data loss, techniques and technologies for preserving-in-place and collecting-to-produce, managing retention of preserved ESI, and defensible deletion.

3:45 – 4:30 pm Legal Holds Without Borders

Preservation in the U.S. can be complex, but executing preservation orders in other countries can complicate matters exponentially. A number of recent cases have stumbled when, despite the best efforts of the domestic legal department, spoliation has occurred in foreign offices. This session focuses on:

• Evolving multinational issues, including providing an update European privacy laws, • Dealing with cultural differences and sensitivities, • Acclimatizing foreign offices to the U.S. legal standards and the risk of ignoring them, and • Other cross-border preservation issues.

4:30 - 5:30 pm Innovation in Preservation Showcase

A new addition to PREX! In advance of conference, we will invite submissions by in-house legal professionals to make short presentations about innovative ideas and techniques that have made a measurable impact on their organizations. The goal is to share best practices with peers so that all attendees can get some real-world techniques to take back to work the following week.

6:30 - 9:30 pm “Bounty of the Northwest” Conference Dinner presented by Recommind A very special dinner is on hand for PREX14. We will dine outdoors in the museum’s spectacular Sculpture Garden. The family-style meal will be prepared from locally sourced produce, meat, and fish by our guest chef, who will be on hand to share his thoughts. Also, our guest winemaker will be selecting and pouring local wines and describing to guests the unique qualities of what they are tasting. It will be an unforgettable dining experience!

Thursday, September 11

8:30 – 8:45 am Day 2 Welcome

8:45 - 10:15 am From Mobile to the Cloud – Addressing Emerging Technologies

The technologies and devices we use to create, disseminate and store ESI continue to rapidly evolve. The idea of containing and controlling data is becoming passé. Organizations are creating massive amounts of information and it is being stored and interacted with in a myriad of ways, whether it’s a personal iPad or in huge retail transaction logs. This shift in technology is on the forefront of how preservation policies must evolve. The session focuses on:

• Emerging preservation challenges presented by cloud computing social media, BYOD, and the like,

• What technologies are available to help enforce or enhance preservation, and • Approaches to mitigate inherent risks, including employee policies and what to look for

when purchasing cloud-based services.

10:15 - 10:45 am

Networking Break

10:45 - 12:00 pm The Ethics of Preservation

This session will explore responsibilities and ethics as they relate to responding to a preservation obligation, from cooperation and transparency to competence and advocacy. Some opinions have highlighted “gray areas” which will be used to illustrate and educate what behaviors to adopt and what to avoid. Where do we draw the line in terms of protecting work product and privilege

12:00 - 1:00 pm Lunch

1:00 - 2:30 pm Judicial Panel: The View from the Bench on Preservation

This flagship PREX panel will conclude with the judicial view legal holds, case law trends and preservation best practices. The conference is honored to welcome some of the most distinguished jurists across the nation who have written some of the seminal opinions in electronic discovery. Our esteemed panel will also share their reflections and thoughts from the conference and will answer questions from the audience.

2:30 - 3:00 pm

Conference Wrap-up