CGOC Summit 2008

With experts from Citigroup, Nixon Peabody, Alix Partners, Merrill Lynch and
First Data Corp
January 23-25, 2008, Palm Springs, California

CGOC Summit 2008 Sponsors

4th Annual CGOC Summit: Executive Summit or Executive Retreat?

It has been a year of tremendous change and challenge for most corporations. Event-driven litigation teams instituted new processes, leapt from Excel spreadsheets to sophisticated software tools, defined new roles to address new requirements, and pushed senior attorneys to get on the same page. Their counterparts in compliance and retention realized that modernizing records management may bear tremendous fruit, but requires substantive program re-examination and re-definition. As always, the Summit brings together corporate practitioners leading these efforts in the world’s largest and most successful companies.

Now that we know what we know, what can we do with the knowledge?

This year’s Summit will step back from tactical changes and focus on harnessing benefits, leveraging the power that flows from new processes and new knowledge. With both formal sessions and informal gatherings the dialogue is sure to be invaluable.

 

CGOC Summit 2008 Agenda  
Wednesday, January 23

1:00pm - 1:30pm

Welcome Remarks
Deidre Paknad, PSS Systems

1:30pm - 2:30pm

Past, Present, Future
Kathleen Harris, Merrill Lynch
An analysis of the trajectory of strategic change over the last 24 months, process and practice accomplishments and work yet to be done.  This session includes a thoughtful review of typical organizational and operational barriers and the opportunities in retention and discovery that the future holds.

2:30pm - 3:30pm

Preservation Triggers & Consequences of Failure
Thomas M. Lahiff Jr., formerly of Citigroup, and Thomas A. Lidbury, Mayer Brown
Determining when litigation is reasonably anticipated continues to be a challenge in large, complex companies. While fact specific, there are a number of circumstances that are consistent triggers for legal holds. Because your decision making will be scrutinized through the lens of hindsight, establishing the basis for you policies and decision making are essential to defending the choices made. Tom Lidbury will address legal hold triggers while Tom Lahiff discusses the consequences of failure to initiate holds early or broadly enough. This session will look at relevant cases, decision making challenges, and policy documentation issues.

3:30pm - 4:30pm

Legal Operations & Legal Holds
John Barber and Nancy Loomis, Amgen, Inc.
This session will discuss the benefits of transparency and predictability that result from legal holds and other technologies and share the lessons learned in building key partnerships between legal, IT and records management to achieve ROI.

6:00pm

Reception and Dinner
sponsored by Alix Partners

Thursday, January 24

7:30am

Breakfast
sponsored by Thomson Litigation Consulting

8:00am - 8:45am

Discovery Decisions
Ronald J. Hedges, Nixon Peabody LLP
There are several important decisions that all companies that bring suit should be aware of — discovery readiness and robust legal holds are essential to companies that bring suit as a key patent or business strategy. Ron will discuss the cases, the scope and impacts of holds, and the expanding scope of information that must be considered.

8:45am - 9:30am

The Facts of the Matters
Deidre Paknad, PSS Systems
While most companies have focused this past year on updating their legal holds process, a few strategic leaders have begun to use the facts that result from these process enhancements to drive better business results, more predictability for their executive peers, and more precision in their holds. Those that haven't been able to increase predictability and precision are finding that the business is struggling from over-preservation and lack of predictability on discovery costs. This session will offer methods for leveraging the "facts of the matters" to increase control and accountability.

9:30am - 9:50am

Break

9:50am - 10:50am

Framework for Addressing Legacy Data
Matthew I. Cohen, AlixPartners, LLC
Legacy data is a pernicious problem for most corporations whether its paper files at offsite storage, back up tapes, terminated employee data, or even collected evidence files piling up on file servers. Dispositioning the data can reduce costs and risks of overlooking data, but requires facts and substantiation. This session will provide a framework and model for inventorying legacy data, establishing the fact based needed to determine what can be retired, and documenting the process.

10:50am - 11:45am

Retention in the Eyes of the Courts and Adversaries
Kevin F. Brady, Connelly Bove Lodge & Hutz LLP
Retention programs are a critical part of reducing cost and can actually reduce the risk of discovery non-compliance. The courts don't view all retention practices as legitimate or equal and this session will review relevant case law and offer guidance on legitimate and illegitimate practices.

11:45am - 1:00pm

Lunch

1:00pm-1:50pm

Tactical Need to Strategic Vision
Kathy D. Hogy, First Data Corporation
This case study session will provide a case study on the path forward from tactical legal holds and discovery procedures to more strategic and comprehensive litigation operations and retention programs.

1:50pm - 2:50pm

From Regulatory Obligation to Economic Value Enterprise Retention Management
Harry Pugh, Citigroup
Citigroup began its global retention program several years ago for risk management and compliance purposes and today it has one of the very few effective enterprise retention management programs in operation. Over the past year, the program has driven strategic benefits by enabling the company to disposition legacy data, normalize data management, and drive out waste.

2:50pm - 3:10pm

Break

3:10pm - 4:00pm

Management of Discovery Expenses - Using Historic Data to Predict, Assess and Control Costs
Eric Saltzman, PSS Systems
This session will focus on predicting discovery costs using a "litigation funnel" methodology using the same techniques applied to sales forecasting. Corporate legal teams have a wealth of data on the likelihood of matters progressing through various stages of litigation, the volume of potentially discoverable information associated with various types of matters and the costs associated with culling, reviewing and producing information. Using this data in conjunction with a dedicated tool for managing the "litigation funnel" will yield better predictability on discovery costs, improve visibility on the timing and nature of those costs, and the ability to reduce expenses.

4:00pm - 5:00pm

Envisioning Discovery Circa 2010
Kathleen Harris, Merrill Lynch; Ian Katz, Canadian Imperial Bank of Commerce; Thomas M. Lahiff Jr., Citigroup; Jim Daley, Redgrave, Daley, Ragan & Wagner; Ralph Shalom, First Data Corporation; Moderated by Pamela Downs, Thomson Litigation Consulting
Litigation leaders from inside and outside counsel will posit their views of discovery in the future. What will be managed internally and what will be outsourced? Will there be less information or more? Will systems be smarter at managing holds and providing data? How will leading companies invest their time and money?

6:00pm

Reception and Dinner
sponsored by Huron Consulting

Friday January 25

8:00am - 8:30am

Breakfast
sponsored by Ryley Carlock & Applewhite

8:30am - 9:30am

Practical Guide to Instituting Retention Programs
Lorrie Luellig, Ryley Carlock & Applewhite
This session cover the 10 biggest mistakes in retention schedules, reveal the false debate over "big bucket vs. little bucket" retention periods and address the fatal weaknesses in the prevailing methodologies for schedule development. A modern, relevant and actionable framework for retention programs will be provided.

9:30am - 10:30am

Prevailing Practices for Legal Holds
Jim Mitchell, Huron Consulting
For most companies, preservation practices have changed substantially over 2007 and process improvements still top the litigation department agenda for 2008. Jim will provide the results of a recent comparison of companies in a variety of industries on their approach to legal holds and discovery as a benchmarking tool.

10:30am - 10:50am

Break

10:50am - 11:50am

Envisioning Information Management Circa 2010
Kathy D. Hogy, First Data Corporation; Lorrie Luellig, Ryley Carlock & Applewhite; Harry Pugh, Citigroup; Deidre Paknad, PSS Systems
Legal and operations leaders posit their views of information retention management in the future. Will we be able to save less data? Will retention lifecycles be enforceable? Will leading companies invest in curing "cancer" or just treating its symptoms?

12:00pm

Adjourn, box lunches

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