The EDGE Summit this week is one of the most prestigious eDiscovery events of the year as well as arguably the largest for the government sector. This year’s topics and speakers are top notch. The opening keynote speaker will be the Director of Litigation for the National Archives and Records Administration (NARA), Mr. Jason Baron. The EDGE Summit will be the first appearance for Mr. Baron since the submission deadline for the 480 agencies to submit their reports to his Agency in order to construct the Directive required by the Presidential Mandate. Attendees will be eager to hear what steps NARA is taking to implement a Directive to the government later this year, and the potential impact it will have on how the government approaches its eDiscovery obligations. The Directive will be a significant step in attempting to bring order to the government’s Big Data challenges and to unify agencies with a similar approach to an information governance plan.
Also speaking at EDGE is the renowned Judge Facciola who will be discussing the anticipated updates the American Bar Association (ABA) is expected to make to the Model Rules of Professional Conduct. He plans to speak on the challenges that lawyers are facing in the digital age, and what that means with regard to competency as a practicing lawyer. He will focus as well on the government lawyer and how they can better meet their legal obligations through education, training, or knowing when and how to find the right expert. Whether it is the investigating party for law enforcement, producing party under the Freedom of Information Act (FOIA), or defendant in civil litigation, Judge Facciola will also discuss what he sees in his courtroom every day and where the true knowledge gaps are in the technological understanding of many lawyers today.
While the EDGE Summit offers CLE credit, it also has a very unique practical aspect as well. There will be a FOIA-specific lab, a lab on investigations, one on civil litigation and early case assessment (ECA) and also one on streamlining the eDiscovery workflow process. Those that plan on attending the labs will get the hands-on experience with technology that few educational events offer. It is rare to get in the driver’s seat of the car on the showroom floor and actually drive, which is what EDGE is providing for end users and interested attendees. When talking about the complex problems government agencies face today with Big Data, records management, information governance, eDiscovery, compliance, security, etc. it is necessary to give users a way to truly visualize how these technologies work.
Another key draw at the Summit will be the panel discussions which will feature experienced government lawyers who have been on the front lines of litigation and have very unique perspectives. The legal hold panel will cover some exciting aspects of the evolution of manual versus automated processes for legal hold. Mr. David Shonka, the Deputy General Counsel of the Federal Trade Commission, is on the panel and he will discuss the defensibility of the process the FTC used and the experience his department had with two 30 (b) (6) witnesses in the Federal Trade Commission v. Lights of America, Inc (CD California, Mar 2011). The session will also cover how issuing a legal hold is imperative once the duty to preserve has been triggered. There are a whole new generation of lawyers that are managing the litigation hold process in an automated way, and it will be great to discuss both the manual and automated approaches and talk about best practices for government agencies. There will also be a session on predictive coding and discussion about the recent cases that have involve the use of technology assisted review. While we are not at the point of mainstream adoption for predictive coding, it is quite exciting to think about the government going from a paper world straight into solutions that would help them manage their unique challenges as well as save them time and money.
Finally, the EDGE Summit will conclude with closing remarks from The Hon. Michael Chertoff, former Secretary of the U.S. Department of Homeland Security from 2005 to 2009. Mr. Chertoff presently consults with high-level strategic counsel to corporate and government leaders on a broad range of security issues, from risk identification and prevention to preparedness, response and recovery. All of these issues now involve data and how to search, collect, analyze, protect and store it. Security is one of the most important aspects of information governance. The government has unique challenges including size and many geographical locations, records management requirements, massive data volume and case load, investigations, heightened security and defense intelligence risks. This year, in particular, will be a defining year; not only because of the Presidential Mandate, but because of the information explosion and the stretch of global economy. This is why the sector needs to come together to share best practices and hear success stories. Otherwise, they won’t be able to keep up with the data explosion that’s threatening private and public sectors alike.