Navigating the Intersection between Cybersecurity & E-Discovery

$195.00

Re-Broadcast on August 18, 2017

As cybersecurity litigation becomes more common, practitioners are often faced with the challenge of appropriately addressing incident response requirements while, at the same time, ensuring that where litigation is reasonably anticipated clients take reasonable steps to preserve potentially relevant information. This can be particularly tricky, because of the fast moving nature of these incidents and is compounded by the fact that to adequately protect the company going forward, clients must often times overwrite scripts and system settings that would be relevant to future litigation. Law firms are also finding themselves and their opponents in litigation to be the targets of cyber-intrusion efforts, and litigators are facing more frequent objections to the admissibility of electronic evidence on grounds that the evidence may have been compromised during the discovery process and is, therefore, inauthentic and unreliable. In this seminar, we will discuss proactive measures both clients and firms can take to help address these challenges.

This course is co-sponsored by Wolters Kluwer.

Key topics to be discussed:

  • Preservation of Cyber-Intrusion Evidence
  • Streamlining alternate communication channels when a company believes its email is being monitored by a cyber-intruder
  • How to ensure adequate cybersecurity for your client’s data when it is in the hands of your opponents
  • How observance of cybersecurity protocols during collection, transfers of data from client to e-discovery consultant, consultant to counsel, during review and in production can assist in defeating foundation arguments against admissibility of evidence obtained in discovery

Date / Time: August 18, 2017

  • 2:00 pm – 4:00 pm Eastern
  • 1:00 pm – 3:00 pm Central
  • 12:00 pm – 2:00 pm Mountain
  • 11:00 am – 1:00 pm Pacific

Choose a format:

  • Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
  • On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.

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Clear

Re-Broadcast on August 18, 2017

Andrea L. D’Ambra, Esq. is a partner in the New York office, where she focuses on e-discovery, information management and cross border discovery.

Throughout Andrea’s legal career, she has developed and implemented cutting-edge technological solutions for addressing her client’s electronic discovery and information governance challenges. Andrea’s technical background helps her bridge the gap between legal requirements and technical realities and allows her to work effectively with her clients’ IT personnel.

At a time when costs savings are critical to a company’s ongoing success, Andrea has helped many clients find less expensive ways to comply with their discovery obligations and appropriately limit the scope of discovery.

Andrea counsels clients on preservation and data management issues, and has drafted information governance and records management policies for a number of multi-national companies. In addition to counselling, she has assisted clients in navigating foreign data privacy laws while complying with U.S. discovery obligations. Andrea also has presented at and moderated various Continuing Legal Education programs on patent, copyright and e-discovery issues, and has written on various e-discovery topics.

Andrea also speaks on the unique eDiscovery challenges posed by cyber-incident response and has counselled clients on effective ways to protect their data in the hands of opponents in litigation.

Andrea served for over seven years as an officer in the United States Navy. Her diverse Naval experience includes serving as an action officer for high-profile investigations within the Bureau of Naval Personnel and managing the administrative and legal issues of the Navy’s computer network defense command.

Andrea also is an adjunct professor of law at Temple and William and Mary Law Schools where she teaches classes on Electronic Discovery.


Kenneth N. Rashbaum, Esq. advises multinational corporations and healthcare organizations in the areas of privacy, cybersecurity and e-discovery. He counsels multinational corporations on information governance and its compliance with federal, state, and non-U.S. laws; the interface of e-commerce and legal and regulatory liabilities in areas such as cybersecurity and breach response. Ken has vast experience in preparation of protocols for compliance with data protection and privacy laws in the U.S. and other countries; conduct of information security and data breach response assessments, investigations and remediation initiatives; and policies for social media legal and regulatory compliance.

Ken serves as special e-discovery counsel for complex litigation and in matters in which electronic evidence from beyond the U.S. is required.  He has been recognized internationally as a thought leader in electronic discovery and disclosure, and has served as national e-discovery counsel for multinational pharmaceutical corporations and global e-discovery counsel in products liability and IP litigation.  Ken was appointed to the faculty of the Federal Judicial Center for its September, 2010 session and the Georgetown Advanced E-Discovery Institute (November 2009 and December 2012 sessions) to lead sessions on international e-discovery issues and challenges.

In his capacity as a nationally known expert on data privacy, Ken counsels healthcare organizations on compliance with federal, state and judicial standards governing protected health information. He has served as HIPAA and privacy counsel to major hospital systems, health plans, physicians’ groups, cloud computing providers and health information application developers; advised academic hospital systems on protocols for implementation of electronic health records; and provided counsel on risk management issues in access, uses and disclosures of electronic patient information.
Ken is an Adjunct Professor of Law at Fordham University School of Law and had been a member of the Adjunct Faculty at the Maurice A. Deane School of Law at Hofstra University from 2013 – 2015.

Prior to joining Barton, Ken was a senior litigation partner in the New York office of Sedgwick LLP (formerly Sedgwick, Detert, Moran & Arnold) where he was the Co-Chair of the E-Discovery, Compliance and Data Management Practice Group.

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