What do Google’s Gmail Confidential Mode, Snapchat, Confide, Wickr and Telegram have in common? They are all sources of disappearing data—that is, ephemeral or transient data, messages and other data that self-destruct within a particular time (ranging from minutes to days) after the message has been viewed. Because the content disappears, the use of these messages may elude regulatory retention requirements and other corporate retention programs—and undoubtedly present  a difficult challenge when that data needs to be preserved when a legal hold arises. 

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Our speakers address legal and practical considerations around disappearing data in a preservation context. Key topics will include:

  • How new guidance on legal holds from the Sedona Conference addresses the increasing business use of “transient or ephemeral data”
  • Guidance from recent cases involving ephemeral data, including Waymo v. Uber
  • Ethical obligations to preserve ephemeral data under the new Rules of Professional Conduct
  • Understanding ephemeral data preservation obligations in light of some court rulings around the discoverability of certain types of impermanent data (e.g., deleted, slack fragmented, temporary Internet files, etc.)
  • Data privacy considerations

Speakers:

Thomas Gricks
Thomas C. Gricks III | Managing Director, Professional Services | Catalyst + OpenText

A prominent e-discovery lawyer and a leading authority on the use of technology-assisted review, Tom is managing director, professional services, at Catalyst. He advises corporations and law firms on best practices for applying technology to reduce the time and cost of discovery and investigations. Tom has more than 25 years’ experience as a trial lawyer and in-house counsel, most recently with the law firm Schnader Harrison Segal & Lewis, where he was a partner and chair of the E-Discovery Practice Group. He was lead e-discovery counsel in Global Aerospace v. Landow Aviation, the first case in the country to authorize the use of TAR over the objection of opposing counsel.

Robert D. Keeling
Robert D. Keeling | Partner | Sidley Austin LLP

Robert’s practice includes a special focus on e-discovery matters. He represents both plaintiffs and defendants in complex civil litigation and conducts internal investigations worldwide. Robert is experienced with technology-assisted review and other applications that enable clients to significantly reduce costs while maintaining the defensibility of the review. For clients across a range of industries, he counsels on how to efficiently and effectively manage e-discovery risks and obligations, assists companies in developing defensible e-discovery policies and procedures, advises on records and information governance issues, and guides clients through all phases of discovery. Robert is a published author and frequent speaker on a range of e-discovery and information government issues. He has also given e-discovery-related lectures at Harvard Law School, the University of Virginia School of Law, Vanderbilt University Law School, and Fordham University School of Law.

Contact

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About

OpenText™, The Information Company, is a market leader in Enterprise Information Management software and solutions, enabling Intelligent and Connected Enterprises by managing, leveraging, securing and gaining insight into enterprise information, on-premises or in the cloud. OpenText™ Catalyst designs, hosts and supports the world’s fastest and most powerful document repositories for large-scale discovery and regulatory compliance. For more than 20 years, global corporations and their counsel have relied on Catalyst to help reduce litigation costs and take control of complex legal matters.

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