Topic: Are You Ready If Law Enforcement Knocks on RIM's Door?

Speaker: Kenneth J. Withers

Date:. 3/13/2018          Time:. 12:00pm - 1:30pm  (Presentation starts at 12:30pm)

Members - $10.00
Non-Members - $15.00


Portland OR - PDX AIRPORT - Conference Center, Multnomah Room (Brown Bag or pick up lunch in the Clocktower Plaza)

Presentation Description:
Any organization is subject to an inquiry from law enforcement. It could be a simple request for records or data, a subpoena, or in the worst-case scenario, a warrant to search the organization's computer system and digital storage for "any and all" evidence of vaguely-defined activity. Before any of this happens to you, you should familiarize yourself with the array of different procedures employed by state and federal law enforcement to obtain electronic records and data in situations ranging from routine regulatory inquires through serious criminal investigations, the rules and common practices that apply, and the options you may have for compliance. A 20-year veteran of federal eDiscovery rulemaking and practice development will lead a discussion of:

  • Preservation obligations in the law enforcement context
  • Negotiating the scope and logistics of compliance
  • Navigating potential conflicts of interest between individuals and organizations
  • Addressing the concerns of customers, suppliers, and business partners
  • Dealing with third-party and overseas data
  • Developing flexible response procedures
  • Establishing response responsibilities and teams
  • Educating employees

Together, we will work through a sample response plan that you can use to start discussions with your counsel ‑ or better yet, invite counsel to join you for this program!

Speaker Bio:
Ken is the Deputy Executive Director of The Sedona Conference, a non-profit law and public policy organization based in Arizona. Since 1989, he has published several widely-distributed papers on electronic discovery, hosted a popular website on electronic discovery and electronic records management issues, and given presentations at more than 300 conferences and workshops for legal, records management, and industry audiences. His most recent publications are "Ephemeral Data and the Duty to Preserve Discoverable Electronically Stored Information" in the University of Baltimore Law Review (2008); "Living Daily with Weekley Homes" in the Texas State Bar Advocate (Summer 2010); and "Risk Aversion, Risk Management, and the Overpreservation Problem in Electronic Discovery" in the South Carolina Law Review (2013). From 1999 through 2005, he was a Senior Education Attorney at the Federal Judicial Center (FJC) in Washington D.C., where he developed Internet-based distance learning programs for the federal judiciary concentrating on issues of technology and the administration of justice. Ken was the FJC's liaison to the Joint Department of Justice/Federal Defenders Electronic Technology Working Group (JETWG), which developed protocols for the exchange of electronic data in criminal proceedings. He also contributed to several well-known FJC publications, including the Manual for Complex Litigation, Fourth Edition (2004), Effective Use of Courtroom Technology (2001), and the Civil Litigation Management Manual (2001).

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