Professionals Speaking

Speaker, “Electronically Stored Information and Ethics: Implications for In-House Counsel,” Association of Corporate Counsel Chicago, September 26-27, 2017

On September 26 and 27, Steptoe partners Derek Smith and Jeremy Goldkind will co-present “Electronically Stored Information (ESI) and Ethics: Implications for In-House Counsel” with Tanya Miari, Senior Counsel with McDonald’s Marketing and Intellectual Property Group, and Heather Harrison, Assistant General Counsel at Exelon. No longer “just an IT issue,” this program will discuss the who, what, why, when, and where of ESI, helping lawyers comply with their ethical obligations to stay abreast of the technology they use on a daily basis.

The program will examine:

  • Reported state and federal court decisions and various state bar ethics opinions relating to issues such as the reasonableness of e-mail passwords and encryption
  • Removal (or “scrubbing”) of metadata from ESI prior to transmittal or production
  • Permissibility of searching (or “mining”) for metadata in ESI received from opposing counsel
  • Various factors to consider when using the cloud to store confidential client documents

The program will also examine issues relating to the production of ESI, including:

  • Steps attorneys should take for ensuring that ESI subject to a litigation hold is properly identified, preserved, maintained, and produced
  • The meaning of “deleted” files in the context of ESI and where they may still exist within the architecture of an attorney’s computer system
  • The dichotomy between “accessible” and “inaccessible” ESI, and how the resolution of this issue determines which party must bear the cost of producing ESI
  • The need for computer forensic experts to assist in responding to ESI discovery requests

Attendance is complimentary, but limited to ACC members and in-house prospective ACC members.

For full details on the September 26 downtown Chicago, Illinois lunch program, click here.

For full details on the September 27 breakfast program in Oak Brook, Illinois, click here.