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Litigation Lifecycle Management: Analyzing Critical Areas of Concern for Today’s Corporations

Today more than ever, litigation is a complex and dynamic journey from initiation of a matter through final resolution. Effective litigation management is focusing on communication, organization and flexibility in the development of a system or set of systems designed to implement series of processes and procedures which meet the needs of the entire legal team in the most effective and efficient manner. What are the critical processes and procedures in effective litigation management? What are typical myths, mistakes and pitfalls that corporate legal departments get lured into? How do you ensure that you incorporate quality, efficiency and accuracy when dealing with complex legal issues and massive document and data populations while at the same time attempting to control costs? In this discussion, our panelists will take you through the lifecycle phases of a litigation case which will help you assess:

  • Phase 1: Litigation Preparedness - Effectiveness of your document and records management systems
  • Phase 2: Investigation, Collection and Strategy Development - Ability to perform adequate investigation to prepare for discovery and litigation
  • Phase 3: Discovery - Discovery and e-Discovery preparedness under current rules, guidelines and best practices
  • Phase 4: Trial Preparation - Pre-trial readiness and trial strategy
  • Phase 5: Trial Presentation - Flexibility in trial strategy and presentation capabilities to meet the dynamic demands of litigation
  • Phase 6: Post-Trial - Supporting post-trial briefs and appeal preparations; Reviewing litigation management systems, trial performance and strategies to improve litigation preparedness
8:00 a.m. – 9:00 a.m.
Jan Dodd Moderator:
Jan Dodd
Partner, Litigation
Kaye Scholer LLP
CrumplerMatthew Kennedy
Director
ERS Group

Protecting Company Data in the Virtual World – A Critical Issue to any Organization

Data security is becoming a higher priority for companies of all types and is no longer a “technical” matter handled exclusively by the IT department. It cuts across multiple departments and various functions, and may even impact your IT service providers. This presentation also looks at the context of the relationship between companies subject to the standards and their service providers. Information Security Vulnerabilities and Threats, Developing an Information Security Program, Data Security and the Outsourcing of IT, and select data security standards such as The Payment Card Industry Data Security Standard (PCI DSS), HIPAA, the Gramm-Leach-Bliley Act and the EU Data Directive may be among the issues highlighted.

  • How data protection is a business issue and what you need to do to in regards to privacy for your organizations bottom-line
  • The threats of cyberspace and determining how too lessen your organizations vulnerability
  • Bridging your IT and Legal Departments to better protect company date
10:00 a.m. – 10:45 a.m.
Defelice Eugene Defelice
Senior Vice President
General Counsel & Secretary Counsel
SAVVIS Inc.

How to Make your Legal Department More Efficient with Less Cost: Cost Reduction Tactics that work for any Company

As the chief legal executive of your organization you have to work with your CFO to determine if and where cuts have to be made and make sure that your budget still reflects the needs of your company. You have to have a balance between what is best legally for your company but think of the overall budgets and finances of the entire company. Discuss with your peers the best strategies for creating and managing a legal budget during a declining economy that still reflects business initiatives and does not increase risk.

  • Implementing and staying on track with your legal budget
  • Efficiently managing outside counsel & getting the most for your money with tools such as eBilling
  • Reducing litigation cost by applying alternative dispute resolution methods
  • Cost/benefits of implementing new technology and software for long term cost reduction
11:45 a.m. – 12:30 p.m.
Hamel Matthew Hamel
Executive Vice President
General Counsel & Secretary
Brown-Forman Corporation

The Bridge Between You and Your Company: Working with other Departments to Increase Effectiveness

Efficiency is a business objective for any corporation, and efficiency is at its best when all departments are working in synch with one another. A challenge for any legal department is to not only implement legal policies but to ensure that all employees are following these policies. How can you as the top legal executive at your company work more closely with other department heads to ensure that all polices and procedures are being followed. What are the benefits of having strong intra-company relationship with your colleague?

  • Working with other key executives in developing and agreeing upon company policies that are effective and important for the entire organization
  • Encouraging all employees to follow policies and conveying how these policies will benefit everyone at the company
  • The importance of communication – transparency with other departments and how you can assist in everyday business activities
  • The interaction between Legal and IT departments, especially in regards to efficient eDiscovery
1:30 p.m. – 2:30pm
Gatto Michele S. Gatto
Executive Vice President
Corporate Services & General Counsel
National Life Group

Member of the Board of Directors Association of Corporate Counsels

How Much Monitoring is too Much? The Rights of the Employer vs. the Employee

General Counsels have the responsibility to legally protect the company and with an increase in internet activity of employees, legal departments must monitor their employees to warranty that all of their activities are compliant with company policies. But how much monitoring is too much? What rights do employees have, and what rights do employers have over their employees?

  • Key legislation and litigation in regards to employee monitors to help shape your company’s policy
  • Your rights as the employer to monitor your employees properly and best practices in monitoring email and internet activity
  • The next wave of technology communicating, how Instant Messaging is effect monitoring in the workplace
  • Managing corporate communications and working with Corporate Communication Officers
4:00 p.m. – 4:45 p.m.
Enger McCartney-Smith Enger McCartney-Smith
Vice President
Assistant General Counsel
Wachovia Corporation

The Implications of a Growing International Economy – “Compliant Readiness”

Globalization is a common term for the increase in the international economy but what does globalization mean for you, the corporate counsel and your overall legal departments that are now managing numerous international offices? There are many challenges with each country having its own set of regulations and its own legal culture that your corporation must learn to work within. Discuss with a leader in international legal arena the best way to perform in an international market.

  • Best practices to implement and manage compliance regulations in numerous world-wide locations
  • Looking at specific laws and legislation – Anti-Trust Laws, Merger & Acquisitions, etc.
  • The pros & cons of an overarching policy, meeting the highest standards
4:00 p.m. – 4:45 p.m.
Jeffrey Cottle Jeffrey Cottle
Associate General Counsel International & Domestic Compliance
BAE Systems

What Globalization Means for your IP Strategy & Patent Rights

As U.S. companies conduct business in an increasingly global marketplace, many companies are necessarily conducting more of their business abroad and competing with companies all over the globe. The protection and exploitation of corporate IP assets in this global environment becomes increasingly complex, while at the same time many legal departments are under great pressure to reduce – rather than increase – their budgets. So, how do you decide what IP to protect, where to protect it and against which threats to protect it? How much of your budget should be directed to protecting IP in developed vs. developing countries? Does patenting innovations actually make good economic sense for your company? Discuss with your peers some best practices for efficiently protecting and exploiting IP assets in an increasingly global economy.

  • Best practices for assessing which inventions merit patent protection – including understanding why you’re seeking patent protection in the first
  • Understanding the relative costs/benefits of establishing and enforcing IP rights in different jurisdictions and how to factor them into an overall IP strategy;
  • Re-examining the underlying rationale for your company seeking and owning patents.
5:45 p.m. – 6:30 p.m.
Jeffrey Hyman Jeffrey Hyman
Director Legal Affairs
Apple Inc.
Alan Polaski Alan Polaski
Group Counsel
Intel


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