Live Video Webcast

First Annual Electronic Discovery and Digital Evidence

Practitioners' Workshop

Presented by the ABA Section of Science and Technology Law

e-Discovery and Digital Evidence Committee

in cooperation with ALI-ABA

May 19 - 20, 2010

Chicago, Illinois

TABLE OF CONTENTS

Page

PROGRAM xi

FACULTY PARTICIPANTS xv

FACULTY BIOGRAPHIES xvii

STUDY MATERIALS

MORNING MODULE ONE: FORENSICS DEEP DIVE - SYLINT GROUP, INC.

1. Exploding Myths of eDiscovery and Electronic Evidence

Submitted by John and Serge Jorgensen

1

2. Forensic Tools

By John Jorgensen and Matthew Thomas

15

3. Nucor v. Bell, 251 FRD 191 (D.S.C. 2008) 37

4. Hybrid Documents Using Microsoft Office

Submitted by John and Serge Jorgensen

57

5. Obtaining Digital Evidence

By John Jorgensen

69

6. Preparing for Litigation Data Preservation Spoliation

Submitted by John and Serge Jorgensen

83

7. eDiscovery and Forensic Investigation Production Valuation Rubric

Submitted by John and Serge Jorgensen

95

MORNING MODULE TWO: PROVEN STRATEGIES TO INCREASE VALUE AND CONTAIN COSTS BEGINNING

EARLY IN THE LITIGATION LIFECYCLE - AUTONOMY, INC.

8. When You Want To Reduce the Cost of Document Review Whom Do You Call?

By Deborah Baron

99

MODULE 1: PRACTITIONERS UPDATE: PRACTICING ESI BY THE NUMBERS

9. U.S. v. Comprehensive Drug Testing, Inc., 579 F.3d 989 (2009) 107

10. U.S. v. Matthew Eric Mann, 592 F.3d 779 (2010) 141

11. U.S. v. Curtis Robert Williams, 592 F.3d 511 (2010) 151

12. U.S. v. Michael John O'Keefe, 537 F.Supp.2d 14 (2008) 167

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13. E-Discovery in the Criminal Context: Considerations for Company Counsel

By Justin P. Murphy and Stephen M. Byers

177

14.

Digital Evidence Authentication and Admissibility – Now That You Have It, What Do

You Do With It?

By George L. Paul, Steven W. Teppler, and Lucy L. Thomson

187

15. Practitioners' Update

By Steven W. Teppler

209

16. AAB Joint Venture v. U.S., 75 Fed.Cl. 432 (2007) 223

17. Starbucks Corporation v. ADT Security Services, Inc., 2009 WL 4730798 (W.D. Wash.) 245

MODULE 2: ESI FORENSICS WORKSHOP (SEE MORNING MODULE ONE)

MODULE 3: EMERGING TECHNOLOGIES

18. Module 3 - Emerging Technologies Real Technology Addressing Real Problems 255

19.

Interesting Search Technologies Applied to Enron Email--Knowledge Discovery in

Corporate Email: The Compliance Bot Meets Enron

By K. Krasnow Waterman

261

20. Solving the Data Security Dilemma with Self-Encrypting Drives

By Robert H. Thibadeau

291

21. The 2010 SNIA Dictionary 295

HOT TOPICS IN ESI SEARCH AND RETRIEVAL

22. 2009 Year End Electronic Discovery and Information Law Update

Submitted by Bennett B. Borden

625

23. E-Discovery and the Problem of Asymmetric Knowledge

By Jason R. Baron

637

24. 3D Start Up Corporation v. Orange Corp. 651

DIGITAL EVIDENCE - AUTHENTICATION AND ADMISSIBILITY - NOW THAT YOU HAVE IT, WHAT DO YOU DO

WITH IT?

25. Digital Data as Hearsay

By Steven W. Teppler

655

Study Outline 657

Flow Chart 698

26. Introduction to Foundations – from Foundations of Digital Evidence

By George L. Paul

699

PLENARY ONE

27. Plenary 1 - The Federal Rule 26(f) eDiscovery Conference 707

28.

Seventh Circuit Electronic Discovery Pilot Program, Phase One, October 1, 2009 - May

1, 2010, Statement of Purpose and Preparation of Principles

Submitted by Steven W. Teppler

727

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29. If the Sedona Conference Builds It, Will They Cooperate? Year in Review

By Jennifer Reardon and Farrah Pepper

755

30. When It Comes to Search Terms Play Nice Plan Ahead

By Jennifer Reardon and Farrah Pepper

759

31. E-Discovery Takeaways and Questions--Judges Roundtable

By Joseph M. Burton

765

PLENARY TWO AND PLENARY THREE

32. Information Inflation: Can the Legal System Adapt

By George L. Paul and Jason R. Baron

769

33. Plenary 2 - Mock Hearing on Spoliation of Digital Evidence, The Federal Rule 26(f)

eDiscovery Conference

813

SUPPLEMENTAL MATERIAL

34.

Morning Module Two: Autonomy – Proven Strategies to Increase Value and Lower

Costs Early in the Litigation Lifecycle (Handout)

By Deborah Baron and Martin T. Tully

829

35. Module 2: ESI Forensics Workshop (Handout)

Submitted by John Jorgensen and Serge Jorgensen

863

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2

Live Video Webcast First Annual Electronic Discovery and Digital Evidence

Practitioners’ Workshop

Presented by the ABA Section of Science and Technology Law e-Discovery and Digital Evidence Committee

in cooperation with ALI-ABA

May 19 - 20, 2010 Chicago, Illinois

PROGRAM

All times below are CENTRAL DAYLIGHT. Video webcasts are live and without time delay. For assistance in time zone conversion, go to www.timeanddate.com/worldclock/converter.html. WEDNESDAY, MAY 19, 2010 - VIDEO WEBCAST SEGMENT A 8:00 a.m. Registration and Pre-Conference Breakfast – Networking with Colleagues 8:30 a.m. Welcome by the ABA Section of Science & Technology Law

Lucy L. Thomson, Secretary, CSC, Alexandria, VA 8:35 a.m. Morning Module One: Forensics Deep Dive—Sylint Group, Inc.

Case studies and interactive discussion involving computer forensic extractions, and examination and search from within the context of electronic discovery. Topics covered include preservation, spoliation, concealment, search, deduplication, encryption, pattern analysis and the myths of “industry standards” and “industry standard rates.” Panelists: John Jorgensen, Sylint Group, Inc., Sarasota, FL; Serge Jorgensen, Sylint Group, Inc., Sarasota, FL; Larry Kunin, Morris Manning, Atlanta, GA; Lawrence Wolfenden, Federal Bureau of Investigation, Washington, DC

10:05 a.m. Break 10:15 a.m. Morning Module Two: Proven Strategies to Increase Value and Contain

Costs Beginning Early in the Litigation Lifecycle—Autonomy, Inc. Recent case law and federal rules that highlight best practices to improve compliance and reduce risk and cost in eDiscovery. In today’s economic climate, legal departments and law firms urgently seek new approaches to address eDiscovery risks, meet client needs and contain costs. However, many hesitate to adopt new methods and technology, such as conceptual analysis and cloud computing, concerned that they can’t • “Achieve reasonable ROI”, • “Be accepted in court” or • “Be implemented fast enough—we need results now.” This workshop will assist inside and outside counsel to think strategically and in an integrated way about their litigation profile and discovery process, start to finish. Participants will explore how to optimize the discovery process based on their organization’s litigation profile. Drawing from the expertise of industry

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thought leaders, workshop attendees will learn how recent case law and federal rules apply to proportionality, reasonableness and defensibility. They will map a high level, 360º view of their end-to-end process, identify gaps and begin to chart a path forward. The discussion will include new methods, best practices and technologies like Meaning Based Computing that firms and companies utilize to reduce risk and contain costs in eDiscovery. Panelists: Deborah Baron, Autonomy, Inc., San Francisco, CA; Martin T. Tully, Katten Muchin Rosenman LLP, Chicago, IL

11:45 a.m. Working Lunch (will not be webcast) 12:20 p.m. Introductions and Conference Keynote - Seventh Circuit's E-Discovery Pilot

Program and more Co-Chairs of the SciTech e-Discovery and Digital Evidence (EDDE) Committee: George L. Paul, Lewis and Roca LLP, Phoenix, AZ; Steven W. Teppler, Edelson McGuire, LLC, Chicago, IL; Lucy L. Thomson, CSC, Alexandria, VA; Eric Hibbard, Vice-Chair, Hitachi Data Systems, San Jose, CA Keynote Speaker: Hon. Nan R. Nolan, United States Magistrate Judge, Northern District of Illinois, Chicago, IL A discussion of the Seventh Circuit’s E-Discovery Pilot Program Phase I, its application to matters within the Northern District of Illinois, and emerging case trends. Recent developments in e-Discovery and Digital Evidence; Challenging Issues from Recent Cases.

12:55 p.m. Break 1:00 p.m. Module 1: Practitioners Update: Practicing ESI by the Numbers

This session will include preservation letters, counsel meet and confer, discovery stipulations, initial disclosures, preservation obligations, discovery abuse sanctions, electronically stored information format designation, non-party discovery, and ESI clawback practice under new FRE 502 in state and federal proceedings. Co-Moderators: Steven W. Teppler, Edelson McGuire, LLC, Chicago, IL; Lucy L. Thomson, CSC, Alexandria, VA Panelists: Alexandra G. Buck, Bartlit Beck Herman Palenchar & Scott, LLP, Chicago, IL; Bennett B. Borden, Gibson Dunn, Washington, DC; William Butterfield, Hausfeld, LLP, Washington, DC; Justin Murphy, Crowell & Mooring, LLP, Washington, DC

2:10 p.m. Break 2:20 p.m. Module 2: ESI Forensics Workshop

This session will provide a hands-on discussion of current and emerging computer forensics tools, how and when these tools are used in the electronic discovery process through trial, the emergence of antiforensic tools, and the participation of forensics specialists in early ESI Fed.R.Civ.P. Rule 26(f) meet and confer sessions. Moderator: John E. Jorgensen, Sylint Group, Inc., Sarasota, FL Panelists: Liam Ferguson, Mesirow Financial Consulting, Los Angeles, CA; Serge Jorgensen, Sylint Group, Inc., Sarasota, FL; Lawrence Wolfenden, Federal Bureau of Investigation, Washington, DC; Stephen S. Wu, Cooke Kobrick & Wu LLP, Los Altos, CA

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3:30 p.m. Break 3:40 p.m. Module 3: Emerging Technologies—Real Technology Addressing Real

Problems ESI Discovery technologies are rapidly emerging and the sector is commoditizing, resulting in substantial cost reductions and smaller resourcing overhead. This panel will discuss usage models for ESI technologies now available, in development undergoing refinement. Co-Moderators: Eric Hibbard, Hitachi Data Systems, San Jose, CA; Hoyt L. Kesterson II, Terra Verde Services, Glendale, AZ Panelists: Deborah Baron, Autonomy, Inc., San Francisco, CA; Jeffrey Seymour, Deloitte Financial Advisory Services LLP, New York, NY; Jon Stanley, Law Office of Jon Stanley, Cape Elizabeth, ME; Robert Thibadeau, Wave Systems, Pittsburgh, PA; K. Krasnow Waterman, LawTech Intersec, New York, NY

4:50 p.m. Break 5:00 p.m. Hot Topics in ESI Search and Retrieval

• Mock strategy session on negotiating search protocols with opposing counsel • Latest search tools and technologies for undertaking efficient review • Ethical issues raised by search strategies Moderator: Jason R. Baron, National Archives, Washington, DC Panelists: Bennett B. Borden, Gibson Dunn, Washington, DC; Maura R. Grossman, Wachtell, Lipton, Rosen & Katz, New York, NY

6:10 p.m. Cocktail Reception – Networking with Colleagues Adjournment for the Day

7:00 p.m. Dinner on Your Own THURSDAY, MAY 20, 2010 - VIDEO WEBCAST SEGMENT B 8:00 a.m. Registration, Continental Breakfast and Networking; Welcome and Recap 8:30 a.m. Digital Evidence Authentication and Admissibility – Now That You Have It,

What Do You Do With It? The next frontier in litigation involving electronically stored information is ESI authentication and admissibility. This panel of nationally recognized experts will discuss admissibility and authentication issues and challenges uniquely inherent to computer-generated information and data, including hearsay, metadata, and encryption. Moderator: Steven W. Teppler, Edelson McGuire, LLC, Chicago, IL Panelists: George L. Paul, Lewis and Roca LLP, Phoenix, AZ; Lucy L. Thompson, CLC, Alexandria, VA

9:00 a.m. Plenary One - Mock Proceedings: Rule 26(f) Meet-and-Confer Session and Rule 16(b) Hearing In this first set of mock proceedings, attorneys and their technology experts will conduct an ESI-focused Fed.R.Civ.P. Rule 26(f) counsel-meet-and-confer session. This session will underscore the role of cooperation between the parties, and illustrate how disputes over electronic discovery (i.e., native format, search terms, network mapping, privilege, and preservation) may properly be formulated for presentation to a court for adjudication.

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In this next mock proceeding, a Fed.R.Civ.P. Rule 16(b) hearing will be held before U.S. Magistrate Judges Karla Spaulding and Frank Maas, who will take up these disputed issues. In this hearing, counsel and their technology experts will raise the disagreements and issues not resolved in the Rule 26(f) meet and confer, and provide unique insight into how best to prepare for and participate in these hearings. John Jorgensen, Sylint Group, Inc., Sarasota, FL; Hoyt L. Kesterson II, Terra Verde Services, Glendale, AZ; Larry Kunin, Morris Manning, Atlanta, GA; Farrah Pepper, Gibson Dunn, New York, NY Presiding Judge: Hon. Karla R. Spaulding, United States Magistrate Judge, Middle District of Florida, Orlando, FL. Judge: Hon. Frank Maas, United States Magistrate Judge, Southern District of New York, New York, NY;

10:30 a.m. Break 10:40 a.m. Plenary Two - ESI Spoliation/Discovery Abuse Hearing

In this session, an ESI spoliation/discovery abuse hearing will be conducted before U.S. Magistrate Judges Karla Spaulding and Frank Maas. Counsel will argue their positions, supported by their respective technology experts, who will provide testimony in connection with assertions or defenses. The decisions rendered by the judges will reflect their respective circuit’s decisional authority, and the session will conclude with an in depth question and answer session with attendees. Joseph Burton, Duane Morris, LLP, San Francisco, CA; John Jorgensen, Sylint Group, Inc., Sarasota, FL; Hoyt L. Kesterson II, Terra Verde Services, Glendale, AZ; George L. Paul, Lewis and Roca, LLP, Phoenix, AZ Presiding Judge: Hon. Frank Maas, United States Magistrate Judge, Southern District of New York, New York, NY. Judge: Hon. Karla R. Spaulding, United States Magistrate Judge, Middle District of Florida, Orlando, FL

12:15 p.m. Working Lunch (will not be webcast) ESI-Centric Discovery Request and Deposition – Some Lunchtime Thoughts

1:00 p.m. Plenary Three - Emerging Trends and More In this concluding plenary session, Magistrate Judges Spaulding, Maas, and Chief Magistrate Judge Sidney Schenkier will discuss emerging trends, issues, challenges and approaches to the practice of electronic discovery and digital evidence management in their respective courts. The session will include an interactive question and answer session with attendees. Joseph M. Burton, Duane Morris, LLP, San Francisco, CA Judges: Hon. Frank Maas, United States Magistrate Judge, Southern District of New York, New York, NY; Hon. Karla R. Spaulding, United States Magistrate Judge, Middle District of Florida, Orlando, FL; Hon. Sidney I. Schenkier, United States Magistrate Judge, Northern District of Illinois, Chicago, IL

2:30 p.m. Closing Keynote: Where Do We Go From Here? Hon. Frank Maas, United States Magistrate Judge, Southern District of New York, New York, NY

3:15 p.m. Wine and Cheese Reception 4:15 p.m. Adjournment

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Live Video Webcast First Annual Electronic Discovery and Digital Evidence

Practitioners' Workshop

Presented by the ABA Section of Science and Technology Law e-Discovery and Digital Evidence Committee

in cooperation with ALI-ABA

May 19 - 20, 2010 Chicago, Illinois

PLANNING CHAIRS

Eric Hibbard, Esquire Chief Technology Officer, Security and Privacy Hitachi Data Systems Corporation 750 Central Expressway Santa Clara, CA 95050-2627 George L. Paul, Esquire Lewis and Roca LLP 40 N Central Avenue, Suite 1900 Phoenix, AZ 85004-4429

Steven W. Teppler, Esquire Edelson McGuire, LLC 350 North LaSalle, 13th Floor Chicago, IL 60654 Lucy L. Thomson, Esquire Computer Sciences Corporation 915 N Quaker Lane Alexandria, VA 22302-3417

FACULTY

Deborah Baron, Esquire Autonomy, Inc. Spear Street Tower, Suite 1900 1 Market Plaza San Francisco, CA 94105 Jason R. Baron, Esquire Director of Litigation U.S. National Archives and Records Administration 8601 Adelphi Road College Park, MD 20740 Bennett B. Borden, Esquire Gibson, Dunn & Crutcher LLP Suite 900 1050 Connecticut Avenue, NW Washington, DC 20036-5320 Alexandra G. Buck, Esquire Bartlit Beck Herman Palenchar & Scott LLP 54 W Hubbard Street, Suite 300 Chicago, IL 60654

Joseph Burton, Esquire Duane Morris LLP Spear Street Tower 1 Market Plaza San Francisco, CA 94105-1126 William Butterfield, Esquire Hausfeld, LLP Suite 650 1700 K Street, NW Washington, DC 20006-3826 Mr. Liam A. Ferguson Managing Director Mesirow Financial Consulting 633 W 5th Street, Suite 5850 Los Angeles, CA 90071-3537 Maura R. Grossman, Esquire Wachtell, Lipton Rosen & Katz 51 W 52nd Street New York, NY 10019-6150

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John Jorgensen, Esquire President The Sylint Group 240 N Washington Boulevard, Suite 240 Sarasota, FL 34236-5957 Serge Jorgensen, Esquire Vice President Sylint Group 240 N Washington Boulevard, Suite 240 Sarasota, FL 34236-5957 Hoyt L. Kesterson, II, Esquire 7625 W Villa Rita Drive Glendale, AZ 85308-8254 Lawrence H. Kunin, Esquire Morris, Manning & Martin, LLP Atlanta Financial Center, Suite 1600 3343 Peachtree Road, NE Atlanta, GA 30326-1429 The Honorable Frank Maas U.S. District Court of the Southern District of New York 500 Pearl Street, 8th Floor New York, NY 10007-1316 Justin P. Murphy, Esquire Crowell & Moring LLP 1001 Pennsylvania Avenue, NW, 10th Floor Washington, DC 20004-2505 The Honorable Nan R. Nolan U.S. District Court of the Northern District of Illinois Everett McKinley Dirksen Building 219 S Dearborn Street, Suite 1870 Chicago, IL 60604-1957 Farrah Pepper, Esquire Gibson, Dunn & Crutcher LLP 200 Park Avenue, 47th Floor New York, NY 10166-4799 The Honorable Sidney I. Schenkier U.S. District Court of the Northern District of Illinois Everett McKinley Dirksen Building 219 S Dearborn Street, Suite 2302B Chicago, IL 60604-1839

Jeffrey C. Seymour, Esquire Deloitte & Touche LLP 2 World Financial Center, 3rd Floor New York, NY 10281-1414 The Honorable Karla R. Spaulding U.S. District Court of the Middle District of Florida George C. Young US Courthouse 80 N Hughey Avenue, 5th Floor Orlando, FL 32801-2231 Jon C. Stanley, Esquire Law Office of Jon Stanley 15 Stonybrook Road Cape Elizabeth, ME 04107-1428 Mr. Robert H. Thibadeau Wave Systems, Corp. 2 Queens Court Pittsburgh, PA 15238 Martin T. Tully, Esquire Katten Muchin Rosenman LLP 525 W Monroe Street, Suite 1300 Chicago, IL 60661-3647 K. Krasnow Waterman, Esquire LawTechIntersect, LLC New York, NY Lawrence Wolfenden, Esquire Federal Bureau of Investigation 5525 W Gray Street Tampa, FL 33609-1007 Stephen S. Wu, Esquire Cooke Kobrick & Wu LLP 166 Main Street Los Altos, CA 94022-2905

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FACULTY BIOGRAPHIES

Planning Co-Chairs

Eric Hibbard, Santa Clara, California Hitachi Data Systems Corporation Eric A. Hibbard is the Chief Technology Officer (CTO) for Security and Privacy at HitachiData Systems (HDS), based in Santa Clara, CA. He specializes in data and storage securitywith a particular emphasis on storage security strategy, identifying and defining new storagesecurity architectures, and designing new storage networking infrastructures. Mr. Hibbard isa senior security professional with 30 years experience in information and communicationstechnology, working for government (DoD, NASA, DoE), academia (University ofCalifornia), and industry (Raytheon, QSS Group, Hitachi Data Systems).

Hibbard serves as the International Representative for the INCITS Technical CommitteeCS1 Cyber Security, Vice Chair of the American Bar Association (ABA) E-Discovery &Digital Evidence Committee, Chair of the Storage Networking Industry Association (SNIA)Security Technical Work Group, Vice Chair of the IEEE Information Assurance StandardsCommittee, and Vice Chair of the IEEE Security in Storage Working Group (SISWG). He isalso involved with INCITS Technical Committee T11 Fibre Channel Interfaces, InformationSystems Audit and Control Association (ISACA), Information Systems SecurityAssociation (ISSA), Trusted Computing Group, and the IEEE-USA Critical InfrastructureProtection Committee (CIPC).

Mr. Hibbard currently holds the International Information Systems Security CertificationConsortium (ISC)2 Certified Information Systems Security Professional (CISSP)certification as well as the Information Systems Security Architecture Professional (ISSAP),the Information Systems Security Management Professional (ISSMP), and the InformationSystems Security Engineering Professional (ISSEP) concentration certifications. He alsoholds the ISACA Certified Information Systems Auditor (CISA) and the SNIA CertifiedStorage Engineer (SCSE) certifications. His educational background includes a B.S. inComputer Science and a Certificate of Proficiency in Data Communications.

George L. Paul, Phoenix, Arizona Lewis and Roca LLP George L. Paul is a partner in the law firm of Lewis and Roca LLP in the firm's Phoenix,Arizona office. He practices complex commercial litigation, including copyright, bankruptcy,securities, and trust and estate law. Mr. Paul is the author of two books on electronicevidence, including The Discovery Revolution: E-Discovery Amendments to the FederalRules of Civil Procedure, with Bruce H. Nearon and Foundations of Digital Evidence (ABAPublished in 2009).  Mr. Paul earned hi JD Degree in 1982 from Yale University, and his BA, summa cum laude,in 1979 from Dartmouth College, where he was Phi Beta Kappa.

Steven W. Teppler , Chicago, Illinois Edelson McGuire, LLC

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Steven W. Teppler is a partner at Edelson McGuire, LLC, a high-tech litigation boutiquewith headquarters in Chicago, and directs the firm’s electronic litigation efforts. Mr. Teppleradvises private and public sector clients about risk, liability, and compliance issues uniqueto electronic data generation, alteration, and retention. He also lectures nationwide onevolving theories of computer generated information, liability, practice and evidence in anelectronic data universe.  Mr. Teppler holds six patents in the field of content authentication, and is the founder andCEO of a content authentication provider. Mr. Teppler is the Co-Chair of the eDiscoveryand Digital Evidence Committee of the American Bar Association, co-Vice Chair of theInformation Security Committee of the American Bar Association, a founding member of theInformation Assurance Consortium, the incoming chair of the Florida Bar ProfessionalEthics Committee (2010-2011) and a co-author of the ANSI X9F4 trusted timestampguideline standards for the financial industry.  Mr. Teppler’s publications include: Digital Evidence as Hearsay, Digital Evidence andElectronic Signature Law Review (October 2009) Volume 6, The HIPAA TechnologyChallenge: Protecting the Integrity of Health Care Information, California Health Law News– Volume XXVI, Issue 1, Winter 2007/2008; Spoliation in the Digital Universe, The SciTechLawyer, Science and Technology Law Section of the American Bar Association, Fall 2007;Life After Sarbanes-Oxley – The Merger of Information Security and Accountability(co-author), 45 Jurimetrics J. 379 (2005); Digital Signatures Are Not Enough (co-author),Information Systems Security Association, January 2006; State of Connecticut v. Swinton:A Discussion of the Basics of Digital Evidence Admissibility (co-author). Mr. Teppler isalso a contributing author of the book “Foundations of Digital Evidence” (American BarAssociation, July 2008) and co-author of “Digital Evidence Lifecycle Management: A Guidefor Attorneys, Enterprise, and Technologists (exp. pub. Winter 2010).  Mr. Teppler received his Bachelor of Arts in Political Science Summa Cum Laude from theCity College of New York, Phi Beta Kappa, and received his Juris Doctor from theBenjamin N. Cardozo School of Law in New York City.

Lucy L. Thomson, Alexandria, Virginia Computer Sciences Corporation Lucy L. Thomson, J.D., M.S., CIPP/G, focuses her practice at the intersection of law andtechnology. As a Senior Principal Engineer, Information Security, and Privacy Advocate at aglobal technology company, she has addressed a wide range of legal, technical and policyissues in major IT, cybersecurity and information sharing programs. She works on teamsbuilding modernized information systems for very large organizations, and has developedstrategies to safeguard sensitive information at the nation’s ports, as well as for thegovernment’s key financial systems.  Appointed Consumer Privacy Ombudsman in ten federal bankruptcy cases, Ms. Thomsonhas overseen the disposition of 125 million electronic consumer records and developedprivacy and information security standards that were adopted by the courts.  Ms. Thomson is Secretary (incoming Vice Chair) of the ABA Section of Science &

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Technology Law, a member of its Section Council, and serves in the ABA House ofDelegates. She founded and co-chairs the e-Discovery and Digital Evidence (EDDE)Committee. Ms. Thomson was the editor of the Symposium on Homeland Security inJURIMETRICS : THE JOURNAL OF LAW SCIENCE AND TECHNOLOGY (2007) and is theauthor of Critical Issues in Identity Management – Challenges for Homeland Security. Sheorganized and moderated a panel on the state and federal (HITECH) data breach laws at theRSA Conference 2010.

A career U.S. Department of Justice attorney, Ms. Thomson served in senior positions inthe Criminal and Civil Rights Divisions. In the Fraud Section of the Criminal Division, shelitigated complex white-collar crime cases and pioneered the use of electronic evidence attrial. As head of the FBI Laboratory Task Force, she directed a review of lab evidence inthousands of the government’s most high-profile criminal cases.  She earned a master’s degree from Rensselaer Polytechnic Institute (RPI) in 2001, and herJ.D. from the Georgetown University Law Center. An avid sailor, Ms. Thomson is aNational Women’s Intercollegiate Sailing Champion. Contact: (703) 798-1001, lucythomson1@mindspring.com

Faculty

Deborah Baron, San Francisco, California Autonomy, Inc. Deborah Baron is Vice President, Legal and Compliance at Autonomy Inc. where she isresponsible for advanced electronic discovery, assisting clients with eDiscovery strategy andworkflow, and developing industry standards and best practices. Ms. Baron is on theAdvisory Board of the Electronic Discovery Reference Model (EDRM) and InsideCounselLegal Education, and is a member of The Sedona Conference® WG1 on ESI and WG6 onInternational discovery. She conducts MCLE courses nationally, and is an author andspeaker on best practices in eDiscovery, Compliance and Information Governance.

Prior to joining Autonomy Ms. Baron was a Director and lead product strategy forZANTAZ Corporation, the market leader in cloud based compliance and discoverysolutions. Prior to that she held the position of Group Manager, Email Products at LotusDevelopment/IBM and has held domestic and international management positions withHewlett Packard. Ms. Baron has an MBA from the Kellogg Graduate School ofManagement, Northwestern University and a BA in economics from Occidental College.Ms. Baron and her firm provide software and hosted services to assist attorneys andorganizations in processing, search and management of electronic data for compliance,litigation and operational efficiency.

Jason R. Baron, College Park, Maryland Director of Litigation,  U.S. National Archives and Records Administration Jason R. Baron has served for the past 10 years as Director of Litigation for the National

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Jason R. Baron has served for the past 10 years as Director of Litigation for the NationalArchives and Records Administration, and is an internationally recognized speaker andauthor on the preservation of electronic records. In 2009 he was named Co-Chair of TheSedona Conference® Working Group on Electronic Document Retention and Production(WG1), and has previously served as Editor-in-Chief of The Sedona Conference BestPractices Commentary on the Use of Search and Information Retrieval Methods inE-Discovery (2007), and Co-Editor-in-Chief of The Sedona Conference Commentary onAchieving Quality in the E-Discovery Process (2009). His co-authored article, “InformationInflation: Can the Legal System Adapt?,” 13 Rich. J. Law & Tech. 10 (2007), has beenwidely cited. He is a founding co-coordinator of the TREC legal track, as well asco-organizer of the DESI workshops (Discovery of ESI) held in Palo Alto (2007), London(2008), and Barcelona (2009).

Mr. Baron has been a trial lawyer and senior counsel with the Department of Justice, aVisiting Scholar at the University of British Columbia, and is currently an Adjunct Professorat the University of Maryland’s College of Information Studies. He also presently serves onthe Georgetown University Law Center Advanced E-Discovery Institute Advisory Board.Among his many honors for public service, Mr. Baron was named a recipient of the 2008Fed 100 Award, sponsored by Federal Computer Week, for his e-discovery relatedadvocacy.

Mr. Baron received his B.A., magna cum laude, from Wesleyan University, and his J.D.from the Boston University School of Law. He is admitted to the bars of the District ofColumbia, Massachusetts, the First, Fourth, Fifth, Sixth, Ninth and Tenth Circuits, and theU.S. Supreme Court.

Bennett B. Borden , Washington, D.C. Gibson, Dunn & Crutcher LLP Bennett B. Borden is an associate in the Washington, D.C., office of Gibson, Dunn &Crutcher. Mr. Borden is a member of the Steering Committee of the Electronic Discoveryand Information Law practice group and was a founding member of its predecessor entity,the Electronic Data Discovery Initiative, a task force formed in 2006 devoted to issues ofelectronic evidence, electronic discovery, information management and records management,and was chair of its Best Practices Subcommittee. He is a member of Working Group 1 ofThe Sedona Conference, and is a founding member of the E-Discovery Committee of theD.C. Bar.

Mr. Borden's practice focuses on complex issues relating to electronic evidence, especially inthe context of litigation readiness, e-discovery, and internal investigations. Mr. Borden hasextensive experience with leveraging powerful technology to distill key information fromlarge and diverse data sets. Mr. Borden advises clients in preparation of Rule 26(f)conferences, negotiating e-discovery protocols and protective orders, navigating data privacyissues in foreign jurisdictions, developing and responding to discovery requests andsubpoenas, and motions practice relating to these issues. Mr. Borden also has extensiveexperience managing large complex document collections and reviews, effectuatingreasonable, proportional, defensible and cost-effective protocols. Mr. Borden publishes andspeaks often on e-discovery and information law issues, is a guest lecturer at Georgetown

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University Law Center and provides training to the firm and its clients.

Mr. Borden earned a Juris Doctorate, cum laude, in 2004 from Georgetown University LawCenter where he was a Legal Writing Fellow. He received a Bachelor of Arts, magna cumlaude, in 2000 from George Mason University. Mr. Borden is a member of the District ofColumbia and Maryland bar.

Alexandra G. Buck, Chicago, Illinois Bartlit Beck Herman Palenchar & Scott LLP Alex Buck is the E-Discovery and Technology Counsel for Bartlit Beck Herman Palenchar& Scott LLP. She advises the firm’s lawyers and clients on all electronic discovery andtechnology issues. Ms. Buck has significant expertise in the areas of electronic discoverylaw and policy, records management, document retention, legal record holds/preservation,litigation readiness protocols, e-discovery and records management technologies, and otherrelated areas. She is a member of the Sedona Conference on Electronic Discovery and itsworking group on Best Practices for Electronic Document Retention and Production. She isalso an active member of the 7th Circuit E-Discovery Pilot Program Committee andco-chairs the Communications & Outreach sub-committee and serves on the board of theCorporate E-Discovery Forum.

Prior to her work with Bartlit Beck, Ms. Buck was Senior Counsel and Director ofE-Discovery and Records Management for Abbott Laboratories where she served as the keyconsultant for all domestic and international corporate business units on electronicpreservation issues, policies and record retention guidelines. During her time at Abbott, Ms.Buck developed the corporation’s litigation readiness protocol, served on the company’sExecutive Social Media Policy Committee, and implemented various in-house electronicdiscovery tools.

Before joining Abbott, Ms. Buck practiced IP and commercial litigation with Reed SmithSachnoff & Weaver, where she also headed the Electronic Discovery Practice Group. Alex iscurrently an Adjunct Professor at Loyola University School of Law where she teachesCyberlaw.

EDUCATION • University of Michigan Law School, J.D., 2002 • University of Michigan, B.S. in Computer Science and Political Science, 1999 (cum laude)

Joseph M. Burton, San Francisco, California Duane Morris LLP Joseph M. Burton is the Managing Partner of the San Francisco Office of Duane MorrisLLP.  He concentrates his practice in complex civil, criminal and appellate litigation, andE-Discovery counseling.  He is a nationally recognized expert in the emerging field ofInformation Security Law where he advises and represents individuals and corporationsregarding their rights and responsibilities in maintaining the security of digital information. His practice includes civil and criminal litigation with an emphasis on cybercrime andcybersecurity matters.  Mr. Burton is a former Assistant United States Attorney and Chiefof the Silicon Valley Office for the Northern District of California where he handled several

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pioneering high technology investigations and prosecutions, including the first prosecutionin the nation for crminal copyright infringement of computer code. As a defense counsel, Mr. Burton represented one of the targets of the first criminalinvestigation into the export, by computer, of crptography programs.  He also successfullydefended Elcomsoft Co. in a landmark case involving the first criminal prosecution of asoftware company under the Digital Millennium Copyright Act.Mr. Burton is a member of the White Collar Crime and Complex Crimes committees of theSection of Litigation of the American Bar Association, and former chair of the ComputerCrime Subcommittee.  He is also a member of the Information Security; and E-Discoveryand Digital Evidence Committees of the ABA Section of Science & Tachnology Law. Admitted to practice in California and the District of Columbia, he is a former lawyerdelegate to the Ninth Circuit Judicial Conference.  Mr. Burton is a 1973 graduate ofNorthwestern University School of Law and a graduate of the University of Dayton.

William Butterfield , Washington, D.C. Hausfeld, LLP William P. Butterfield, Hausfeld LLP, V/ashington, D.C. Mr. Butterfield is a partner atHausfeld LLP, a global claimants' law firm. He focuses his practice on antitrust litigation andelectronic discovery. Mr. Butterf,reld developed his interest in electronic discovery in theearly 1990's when led the design and implementation of an electronic document repositoryto manage more than 15 million pages of documents in In re Prudential Securities LimitedPartnerships Litigation. He has testified as an expert witness on e-discovery issues, andspeaks often on that topic at domestic and international conferences.  Mr. Butterfield is on the Steering Committee of The Sedona Conference@ V/orking Groupon Electronic Document Retention and Production, where he served as editor-in-chief of the Case for Cooperation (2009), and was a co-editor of The Sedona Conference@ CommentaryOn Preservation, Identification and Mqnagement of Sources of Information that are NotReasonably Accessible (200S). He is also a member of Sedona Conference@ V/orking Groupon International Electronic Information Management, Discovery and Disclosure. Mr.Butterfield also serves on the faculty of Georgetown University Law Center's AdvancedE-Discovery Institute.

Liam A. Ferguson, Los Angeles, California Managing Director,  Mesirow Financial Consulting Liam A. Ferguson is a managing director at Mesirow Financial Consulting, LLC. Based inLos Angeles, he serves as the national leader of the Technology Advisory Services practiceand is a nationally recognized expert in the areas of electronic discovery and structured data,including the acquisition, management and analysis of transactional, financial and operationaldata.

Mr. Ferguson’s expertise includes transactional database design and management, complexdata modeling, electronic discovery and discovery management, large-scale data conversion,process driven custom software development and implementation, claims management andadministration, and document imaging systems. His litigation experience includes supporting

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and giving expert witness testimony, implementing statistical sampling, preparing attorneywork product and providing trial exhibit compilations, and developing data and otherdocument retrieval systems. He has served clients across numerous industries, includingmanufacturing, entertainment, government, healthcare, financial, and consumer products. Hereceived his B.S. from the University of Southern California, School of BusinessAdministration.

Maura R. Grossman, New York, New York Wachtell, Lipton Rosen & Katz Maura R. Grossman joined Wachtell, Lipton, Rosen & Katz as an associate in the LitigationDepartment in 1999, and was appointed as Counsel in 2007. Ms. Grossman has representedFortune 100 companies and major financial services institutions in corporate and securitieslitigation, including civil actions and white collar criminal and regulatory investigations. Shecurrently focuses her practice on advising lawyers and clients on legal, technical, andstrategic issues involving electronic discovery and information management, bothdomestically and abroad, as well as on matters of legal ethics.

Ms. Grossman speaks and writes frequently on electronic discovery and legal ethics. She isa member of The Sedona Conference® Working Groups on Best Practices for ElectronicDocument Retention and Production, and on International Electronic InformationManagement, Discovery, and Disclosure. She assisted in drafting and editing The SedonaConference® Commentary on Achieving Quality in the E-Discovery Process (May 2009).Ms. Grossman also serves on the Advisory Boards of BNA’s Digital Discovery &e-Evidence Report, as well as the Georgetown University Law Center’s AdvancedE-Discovery Institute.

Ms. Grossman is involved in various initiatives to provide training on electronic discoveryto federal and state court judges, and court-appointed special masters and mediators. Shealso is a coordinator of the 2010 Legal Track of the National Institute of Standards andTechnology’s Text REtrieval Conference (“TREC”), a joint government/industry/academicresearch project studying the application of automated information retrieval technologies tothe growing challenge of e-discovery.

Ms. Grossman graduated with an A.B., magna cum laude, from Brown University. Shereceived an M.A. and Ph.D. in Clinical/School Psychology from Adelphi University, and aJ.D., magna cum laude, Order of the Coif, from the Georgetown University Law Center.While at Georgetown, Ms. Grossman served as Executive Notes and Comments Editor ofthe Georgetown Law Journal.

Ms. Grossman is a member of the Association of the Bar of the City of New York, and hasserved on its Committee on Professional and Judicial Ethics, as well as a member of the NewYork State Bar Association and the American Bar Association.

John Jorgensen , Sarasota, Florida President,  The Sylint Group John Jorgensen has been the President and CEO of The Sylint Group since 1999. Mr.

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John Jorgensen has been the President and CEO of The Sylint Group since 1999. Mr.Jorgensen formerly worked over 25 years for the National Security Agency in the military,as a civilian employee and as a government defense contractor. The Sylint Group iscomposed of 14 professionals with Masters and PhD scientific and engineering backgroundsand former National Security Agency (NSA), Central Intelligence Agency (CIA), lawenforcement and defense contractor employees.  The Sylint Group provides consulting services for Cyber Security, Threat Avoidance,Industrial Counter-Espionage, and Counter Cyber Warfare, eDiscovery and Digital dataForensic Investigations. The Sylint Group has appeared in Westlaw review. The SylintGroup provides computer systems and signals forensic analysis, evidentiary data recoveryand collection, data analysis, computer security systems specification, guidance andimplementation, and Counter Cyber Warfare expertise. Sylint provides litigation support toinclude technical data recovery and reconstruction, deposition question assistance, 26(f) andMeet & Confer guidance, Affidavit and Motion preparation and electronic investigation anddata search.  The client list for The Sylint Group includes Cott Beverages International, ServiceMaster,IBM, Nucor Steel, Kate Spade, TIAA-CREF, HUD Fort Pierce, Florida Department ofTransportation Lynx, Greater Orlando Airport Authority, US Sailing Association, MorganStanley, Icard Merrill, Jones Day (Chicago), Parker Poe (Atlanta), Epstein Becker & Green(Houston), Sutherland (Atlanta), Morrison & Mahoney (Boston), Ford & Harrison(Tampa), Horack Talley (Charlotte), Shumaker Loop (Sarasota), Latham Watkins (SF),Kozyak Tropin (Miami), and other large, medium, and small companies and law firms. Mr.Jorgensen developed the computer forensic analytical process and techniques for the SylintGroup based on analysis and processing techniques designed, developed and implementedwhile working for the National Security Agency, in the military, as a direct employee, and asa government contractor.  Mr. Jorgensen has briefed the Director NSA, the Under Secretary of Defense, and the HousePermanent Select Committee on Intelligence, on various intelligence matters. Mr. Jorgensenhas served as Special Master to the Court, served as an Expert Witness in both Federal andlocal Judicial jurisdiction and has overseen the computer forensic analysis of over 200successful cases. He has lectured before the Tiger Bay Association, Ford & Harrison LLP,Employers Association of Florida, National Private Investigator’s Association, Tampa BayFBI Infragard, American Bar Association, RSA Conference and other organizationsconcerning forensic analysis, eDiscovery and cyber security.

Serge Jorgensen , Sarasota, Florida Sylint Group-Vice President Serge Jorgensen is a founding partner in the Sylint Group, and provides technicaldevelopment and guidance in the areas of Computer Security, Counter Cyber-Warfare,System Design and Incident Response. Mr. Jorgensen holds various patents in engineeringand math-related fields.  Mr. Jorgensen works closely with the FBI in tasking, analysis and managing InformationSecurity needs to safeguard critical infrastructure of U.S. manufacturing processes and has

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held various security clearances. Mr. Jorgensen develops, engineers and implements securecommunication protocols, traffic analysis techniques and malware identification andremediation efforts. Internationally, Mr. Jorgensen has provided briefings to variousdignitaries including King Juan Carlos of Spain and the Minister of Defense for Singapore.

Hoyt L. Kesterson, II, Glendale, Arizona Hoyt L. Kesterson II is an Arizona-based technology expert with Terra Verde Services. Hehas more than 40 years of experience in information security and related technologies. For21 years he chaired the international standards group that created the X.509 digital signaturecertificate, a fundamental component in digital signature and securing web transactions, He isa founding member of the ABA’s Information Security Committee and the eDiscovery andDigital Evidence Committee. A testifying expert, he has participated on ALI-ABA CLEweb-casts on digital evidence and lectured on data breach at the ABA 2008 Annual meeting.He is an acknowledged contributor to a book on e-discovery and a book on digital data andthe rules of evidence, both published by the ABA.

Lawrence H. Kunin, Atlanta, Georgia Morris, Manning & Martin, LLP Larry Kunin practices in Morris, Manning & Martin’s Litigation Practice with aconcentration in technology and intellectual property litigation, including softwareperformance, trade secret, trademark and copyright litigation, as well as general commercialand business tort litigation. Mr. Kunin is also available to serve as a special master ormediator in disputes involving technology or e-discovery.

During his career, Mr. Kunin has litigated disputes in state and federal courts in Georgia andFlorida, as well as throughout the country. Mr. Kunin’s clients have ranged from largepublicly traded technology companies, including Microsoft and McKesson Corporation, tostartup companies and individuals. Using his background in the computer field, Mr. Kuninis able to understand and investigate complex technology issues and present such issues to acourt, arbitration panel or other dispute resolution forum.

Prior to joining Morris, Manning & Martin in March 2000, Mr. Kunin practiced in Miami,Florida and is a member of the Georgia and Florida Bars. Mr. Kunin gained computer andtechnology experience while employed as a computer programmer and analyst for TheMiami Herald from 1986-92.

Recent Matter and Cases >>Evolution, Inc. v. SunTrust Banks, et al (D. Kan.). Represented SunTrust Bank in acopyright, trade secret and breach of contract lawsuit. Obtained summary disposition ofcopyright and trade secret claims, and then obtained a jury verdict in favor of SunTrust onplaintiff’s claim and SunTrust’s counterclaim. >>Snapping Shoals Electric Membership Cooperative (“SSEMC”) v. Cayenta Canada Corp.(N.D. Ga). Represented SSEMC in software development and implementation dispute. >>Represent McKesson Corporation in numerous litigation matters on copyright andsoftware license matters. Recently tried arbitration on behalf of McKesson on softwareroyalty claim, which was resolved on confidential terms. >>Represented software developer and licensor in software performance arbitration, which

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>>Represented software developer and licensor in software performance arbitration, whichwas resolved on confidential terms. >>Represented insurance company in defense of post-closing indemnification. Obtained fulldefense award from three person arbitration panel. >>Served as neutral third-party mediator in software implementation and performancedispute. Mediation concluded with successful settlement.

Education University of South Florida, B.A., Information Systems Management and Marketing, 1985University of Miami, M.B.A., 1990 University of Florida, J.D., with honors, 1994

Honors and Activities Chair, Technology Section Litigation Committee, 2007 - present, State Bar of Georgia Member, Computer Law Committee and Intellectual Property Committee, The Florida Bar Member, Electronic Discovery and Digital Evidence Committee of the American BarAssociation

Recent Articles and Lectures Author: “Appreciate the New Merits of E-Discovery,” Fulton County Daily Report,January 26, 2009. “E-Discovery Update,” published quarterly in the Georgia Bar Technology SectionNewsletter. “Chasing John Doe Online”, Technology Law Section Newsletter, State Bar of Georgia, Fall2002. “Avoid Y2K Legal Disputes by Taking Action by Dec. 1,” South Florida Business Journal,Nov. 19, 1999. Speaker: "Money Saving Solutions for E-Discovery", Panelist, Sponsored by HuronConsulting, April 23, 2009, Atlanta, GA “E-Discovery Forum – Ethical and Practical Concerns,” International IT Law Summit, June7, 2007, Los Angeles, CA. “E-Discovery: A to Z Workshop,” October 4-5, 2006 and April 24, 2007, Atlanta, GA “E-Discovery’s New Federal Rules – Interpreting the Changes,” Mealey’s CorporateE-Discovery Conference, April 12, 2007, Atlanta, GA “E-Discovery Battles,” Mealey’s Fundamentals of Reinsurance Litigation, March 16, 2007,New Orleans, LA. “Safeguarding Attorney-Client Privilege in E-Communications and Documents,” StraffordPublications Teleconference, January 9, 2007. “E-Discovery Symposium,” Chapel Hill, NC, October 13, 2006 “Reviving a Drowning Large Scale IT Project,” Georgia Technology Law Institute, October17, 2006, and International IT Law Summit, June 7, 2007, Los Angeles, CA. “Proprietary Information and Protective Orders”, 2005 Software Litigation Seminar,Atlanta, GA “Simplifying Complex IT Litigation with Triers of Fact”, 2005 International IT Law

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Conference, June 9, 2005, Los Angeles, CA “Cost Shifting Issues in E-Discovery”, Mealey’s E-Discovery Conference, June 17, 2004,Washington, D.C. “Document Retention Policies,” presented to the Georgia Bar Technology Section, August12, 2004

Frank Maas, New York, New York U.S. District Court of the Southern District of New York Frank Maas is a United States Magistrate Judge for the Southern District of New York. Hehas a B.A. degree from Harpur College of the State University of New York at Binghamtonand a J.D. degree from the N.Y.U. School of Law. Before his appointment, Judge Maas wasa federal prosecutor in the S.D.N.Y., a partner in the New York City office of a large upstatefirm, and First Deputy Commissioner of the New York City Department of Investigation.As First Deputy Commissioner, he was responsible for the day-to-day operations of aninternal affairs agency with nearly 400 employees, including attorneys, police officers, andcivilian investigators, and oversaw the City’s internet security efforts. Judge Maas lecturesfrequently on topics related to e-discovery

Justin P. Murphy, Washington, D.C. Crowell & Moring LLP Justin P. Murphy is a counsel at Crowell & Moring's Washington, D.C. office, where hepractices in the White Collar & Regulatory Enforcement Group and E-Discovery andInformation Management Group. Justin's practice focuses on SEC enforcement, white collarcriminal matters, e-discovery matters relating to internal and government investigations, andrelated civil litigation. He has represented and counseled corporate and individual clients inall phases of securities, white collar criminal and civil investigations and proceedingsinvolving the SEC, FINRA, Department of Justice, Immigration and Customs Enforcement,CFTC and other agencies.

Justin also advises clients on e-discovery issues. His practice includes litigation readinessplanning, legal holds and electronic discovery processes. Justin routinely counsels clients onelectronic discovery issues in the context of internal and government investigations,including the use of computer forensics as an investigative tool, and has extensive experiencein negotiating with government investigators concerning the preservation, processing andproduction of electronically stored information (ESI). He also has extensive experienceadvising clients on the Federal Rules of Civil Procedure related to electronically storedinformation (ESI), records and information management, technology issues, costconsiderations and related ethical issues.

Justin received his B.A. in History and Government from Claremont McKenna College in1995. He earned his J.D. from Georgetown University Law Center in 2001. Before attendinglaw school, Justin served as a Production Assistant for "The George Michael SportsMachine."

Justin joined the firm in 2001, and is a member of the District of Columbia Bar, the Bar ofthe United States District Court for the District of Columbia and the Supreme Court of the

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United States.

Nan R. Nolan , Chicago, Illinois Nan R. Nolan was appointed as a United States Magistrate Judge for the Northern Districtof Illinois in 1998. She received her bachelor's degree from Loyola University and her J.D.from DePaul University College of Law in Chicago. Magistrate Judge Nolan began her legalcareer as a staff attorney for the Federal Defender Program in Chicago, and then worked inprivate practice where she gained extensive experience handling complex criminal cases. Sheis a member of the Advisory Board for The Sedona Conference and a member of theGeorgetown University Law Center E-Discovery Advisory Board. She is the chair of theE-Discovery Committee overseeing the Seventh Circuit Electronic Discovery Pilot Program.Magistrate Judge Nolan regularly speaks on the topic of electronic discovery at conferencesthroughout the United States.

Farrah Pepper, New York, New York Gibson, Dunn & Crutcher LLP Farrah Pepper is Of Counsel in the New York office of Gibson, Dunn & Crutcher and ViceChair of the firm’s Electronic Discovery and Information Law Practice Group. Ms. Pepperwas the founder and chairperson of the firm’s task force on electronic discovery, theElectronic Data Discovery Initiative, from its inception in 2006 through its conversion into apractice group in January 2010.

Ms. Pepper’s litigation practice is dedicated to electronic discovery and information lawissues, with a focus on providing cost-effective and defensible strategies and solutions inthese areas to her clients. Ms. Pepper provides clients with legal and strategic advice andlegal services relating to the preservation, collection, processing, review, analysis andproduction of all types of electronically stored information, both domestically and abroad.Her practice spans a wide breadth of client industries and substantive areas of law, with aparticular emphasis on complex civil litigation and regulatory, white collar criminal andinternal investigations.

Ms. Pepper is a member of various industry organizations, including The SedonaConference® Working Group 1 on Electronic Document Retention and Production, theABA Committee on E-Discovery and Digital Evidence and others. Ms. Pepper frequentlypublishes, presents and provides training (both within the firm and to client audiences) onthe topics of electronic discovery and information law. For more information, please seeMs. Pepper’s complete biography at www.gibsondunn.com/lawyers/fpepper .

Ms. Pepper earned her J.D. from New York University Law School in 2001, where she wasa Dean's Scholar and moot court champion. She earned her B.A., summa cum laude, fromNew York University in 1998, where she was a University Scholar and Phi Beta Kappa.Ms. Pepper is admitted to practice in the State of New York, as well as in the United StatesDistrict Courts for the Southern and Eastern Districts of New York.

The Hon. Sidney I. Schenkier , Chicago, Illinois U.S. District Court of the Northern District of Illinois Sidney Schenkier has served since October 30, 1998 as a United States Magistrate Judge

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Sidney Schenkier has served since October 30, 1998 as a United States Magistrate Judgesitting in federal court in Chicago, Illinois. Since January 25, 2008, he has served as thepresiding magistrate judge in the Northern District of Illinois. As a federal magistrate judge,Judge Schenkier presides over a broad range of criminal and civil matters during the pretrialand trial stages, and participates extensively in the mediation of civil cases. Prior tobeginning service as a magistrate judge, Judge Schenkier worked for more than 17 years atthe law firm of Jenner & Block in Chicago, where he engaged in civil and criminal litigation atthe trial and appellate levels. He obtained an undergraduate degree in journalism, withdistinction, from Northwestern University in Evanston, Illinois, and his law degree, magnacum laude, from Northwestern University School of Law in Chicago, Illinois.

Judge Schenkier has served for the last 24 years as an Adjunct Professor in Clinical TrialAdvocacy at Northwestern University School of Law, and more recently he has establisheda seminar at the law school on civil discovery. Judge Schenkier also has served as aninstructor in a number of trial and deposition programs for the National Institute of TrialAdvocacy. He currently serves on various committees of the United States District Courtfor the Northern District of Illinois, including the Rules Committee, the DetainedDefendants Committee, and the Executive Committee (as an ex officio member). JudgeSchenkier has been a member of the board of the Federal Magistrate Judges Association, andcurrently serves as its Secretary. Judge Schenkier has spoken and written on a variety ofdiscovery and trial practice issues, including electronic discovery.

Jeffrey C. Seymour , New York, New York Deloitte & Touche LLP Jeffrey C. Seymour is a principal in the Forensic & Dispute Services practice of DeloitteFinancial Advisory Services LLP, and the leader of its Analytic & Forensic Technologypractice in the Northeast. During his 19-year career, Jeff has consulted on a wide spectrumof electronic discovery, records and information management, software/applicationdevelopment, computer forensics and litigation support matters. He has led numerousefforts to assist clients in response to discovery demands arising from internalinvestigations, litigation and regulatory inquiries/subpoenas from the Securities and ExchangeCommission, Federal Trade Commission, Department of Justice, Office of ThriftSupervision, State Attorney General and U.S. Attorney offices. He has assisted corporatelegal departments in developing programmatic solutions to address records and informationmanagement, evidence preservation and electronic discovery challenges. Prior to joining Deloitte, Jeff was a managing director at a consulting firm where he led anumber of high profile electronic discovery investigations, served in a technical advisorycapacity for records and information management engagements and led several engagementsrequiring expert witness testimony.

Karla R. Spaulding , Orlando, Florida U.S. District Court of the Middle District of Florida Karla R. Spaulding was appointed a United States Magistrate Judge for the United States

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Karla R. Spaulding was appointed a United States Magistrate Judge for the United StatesDistrict Court, Middle District of Florida, in December 1997. In this capacity, she haspresided over numerous cases involving digital evidence discovery disputes, including Brayand Gillespie v. Lexington Insurance Co. and Lockheed Martin Corp. v. L-3Communications Corp.  Judge Spaulding obtained her B.A. magna cum laude from Western Michigan University in1975 and her J.D. from the Northwestern University School of Law in 1980. Before beingappointed to the bench, Judge Spaulding was an Assistant United States Attorney for tenyears, during which time she was Chief of the Drug Trafficking Section and Chief of theAppellate Division for the United States Attorney’s Office, Middle District of Florida, andChief of the Fraud Section for the United States Attorney’s Office, Southern District ofTexas.  For three years before and four years after her employment with the Department of Justice,Judge Spaulding worked in private practice representing Plaintiffs and Defendants in civilcases, and targets of grand jury investigations and Defendants in criminal cases.

Jon C. Stanley , Cape Elizabeth, Maine Law Office of Jon Stanley Jon Stanley is a graduate of University of Maine Law School as well graduate of theStrathclyde Law School, UK, where he received a Masters of Law in InformationTechnology and Telecommunications Law. He founded the Law Firm of Jon Stanley in1997. His Masters Dissertation was on civil remedies and the United States ComputerFraud and Abuse Act. His practice focus includes, among other areas: regulatory concernsfor business entities, information security, privacy, cybercrime, cyberspace insurance, andintellectual property, issues.  Mr. Stanley got his start in digital evidence representing the State of Maine in the tobaccocases. There, his focus was primarily on industry documents posted online. He has alsoworked on a project for the Japanese Government examining the potential liability issuesraised by downstream viruses, and information security system breakdowns, as well asworking with major banks and the Financial Technology Services Consortium in designingmore effective electronic anti fraud devices used on checks.

He has spoken numerous times on digital security issues at the; American Bar AssociationAnnual Meeting, the Maine Bar Association Annual Meeting, the Computer SecurityInstitute Annual Conference, the RSA Annual conference. He is a resident of Cape Elizabeth, Maine.

Robert H. Thibadeau, Pittsburgh, Pennsylvania Scientist,  Wave Systems, Corp. Robert Thibadeau, Ph.D. is a Senior Vice President at Wave Systems, which deliverssoftware for managing hardware secured data on laptops and desktops in enterpriseenvironments. In 25 years at Carnegie Mellon University, he was one of the seven foundingdirectors of the Robotics Institute and later, after experiencing malicious data breaches in themid-1990s, taught and performed research in security and privacy. He retired with an

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Adjunct Professorship in 2007, but continues teaching a graduate course in computersecurity and the Trust Infrastructure Workshops sponsored by NSF(http://www.cylab.cmu.edu/tiw/ ).

Beginning in 1998, he authored the Phoenix Secure Core, the European Java reference codefor W3 P3P privacy, and a new generation of disk drives, optical drives, and solid statedrives for laptops, desktops, and enterprise. He is recently retired as Chief Technologist atSeagate Technology, where he architected encrypting disk drive technology, which throughhis roles representing Seagate in the Trusted Computing Group, Storage Workgroup andBoard of Directors, is now shipping in standardized forms from Seagate, Samsung, Toshiba,Fujitsu, Hitachi Global Storage Technologies, IBM and LSI. Wave Systems is the largestvolume supplier of software that supports the encrypting disk drives, with over 60 millionclients in the field. At Wave Systems, Dr. Thibadeau founded the Security and PrivacyConsultancy to bring security and privacy to organizations and enterprises seeking toemploy the finest and most transparent control over internet, insider, and device theftthreats.

Contact: (412) 370-1245 rht@cs.cmu.edu or rthibadeau@wavesys.com

Martin T. Tully , Chicago, Illinois Katten Muchin Rosenman LLP Martin T. Tully is a litigation partner with the Chicago office of Katten Muchin RosenmanLLP. He is veteran trial lawyer with national experience representing companies of varioussizes in complex business litigation concerning a broad array of industries. Among others,Martin has represented clients in matters involving contract disputes, business torts,antitrust claims, actions for emergency and injunctive relief, breach of fiduciary duty, tradesecrets, toxic torts, and consumer class actions. Martin is also experienced in the alternativedispute resolution (ADR) context, having achieved favorable awards and results for clientsin both arbitration and mediation proceedings under the rules of the American ArbitrationAssociation, JAMS Resolution Centers and court-mandated dispute resolution programs.

As national practice chair of Katten’s Electronic Discovery & Evidence Practice, Martinhelps clients to stay ahead of the curve with respect to developing law, technology, and bestpractices concerning electronic discovery in litigation or regulatory matters, documentretention practices, and successfully navigating state and federal requirements pertaining tothe preservation and production of electronically stored information (ESI). Martin is aco-chair of the American Bar Association’s Trial Practice/Courtroom Technologysubcommittee, a member of the Seventh Circuit Electronic Discovery Pilot ProgramCommittee, and a member of the Sedona Conference Working Group on ElectronicDocument Retention and Production (WG1). He is also a published author and frequentspeaker in the areas of e-discovery and digital evidence.

Martin received his B.A. from the University of Illinois (1987) and his J.D., cum laude,from DePaul University College of Law (1990). He is admitted to practice law in Illinois andbefore the Supreme Court of Illinois, the U.S. Court of Appeals for the 6th, 7th, and 10thCircuits, and the U.S. District Courts in Colorado and the Northern District of Illinois,where he is a member of the Trial Bar.

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K. Krasnow Waterman, New York, New York LawTech Intersect K. Krasnow Waterman has dual careers in information technology management and thepractice of law, leading to a variety of work in recent years that takes advantage of her depthof combined knowledge. Most of her time is spent as a consultant through her companyLawTechIntersect, LLC, advising or providing interim leadership, primarily in the areas ofstrategy, policy, design, and implementation for information management and its associatedtechnology (e.g., compliance, privacy, access control, privilege management, businessintelligence). She recently developed a methodology for lawyers to restate data handlingrules (ranging from law and regulation to in-house policy and counsel opinions) in a formatthat can be rapidly transformed into data security programs.  She has an ongoing role as Visiting Fellow in an MIT research team working on nextgeneration web technologies for transparency and accountability. She also is serving as aTopic Authority for the TREC Legal Track, which benchmarks the performance ofeDiscovery practices; part of this year’s TREC challenges the participants to outperformher thesis work finding football gambling (and general time-wasting) in the Enron emaildatabase that was released after the fall of the company. She publishes and speaks tomanagement, technical, and legal audiences. She is the co-chair of the American BarAssociation's Committee on Artificial Intelligence and Robotics.

She has worked as a Chief Information Officer, Chief Operations executive, and Attorney(inhouse advisor and trial counsel). Early in her career, K was on the design team for a newIBM outsourced services and storage business and an officer of Morgan Guaranty Trustmanaging data centers and special technical projects; she then spent most of a decade as atrial attorney (at Perkins Coie predecessor Brown & Bain, as a Special Assistant USAttorney and an Assistant General Counsel), in-house legal advisor (FBI), and adjunct lawprofessor (Department of Justice and University of Arizona).  K returned to her technology roots when she became inception CIO of a post-9/11 task force created by the President, served as the interim chief operationsexecutive for the reorganization of FBI Intelligence infrastructure, and represented theDepartment of Homeland Security in high level negotiations to set the requirements forinteroperability of federal data systems.

She has a Masters degree in the Management of Technology from MIT, a JD from theCardozo School of Law, and a BA from the University of Pennsylvania. She is admitted inNew York, Arizona, and Washington, DC. Her email is kkw “at” LawTechIntersect.com

Lawrence Wolfenden, Tampa, Florida Federal Bureau of Investigation Lawrence Wolfenden graduated from University of Florida with a degree in accounting. Brief

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Lawrence Wolfenden graduated from University of Florida with a degree in accounting. Briefstint in the world of auditing--primarily governmental entities in NE Florida. Served asInternal Auditor for County Clerk of the Court for approx 6 mo, until the FBI offered aposition. Have been a Special Agent with the FBI since 1991. First assigned to LouisvilleField Office. Working White Collar Crime investigations (bank/mail/wire fraud,environmental crimes, public corruption), but also became certified as a Forensic Examiner inthe Computer Analysis Response Team (CART). After seven years (1998), transferred toTampa Field Office to assist in the Columbia/HCA Medicare Fraud investigation. After twoyears on that project, moved back to White Collar Crime and was told to focus on theup-and-coming crime problem of Internet Fraud. Have been working Internet Fraud/CyberCrime ever since, watching fraud and intrusion (hacking) merge as a crime problem and theincreased presence of Foreign Intelligence Services.

Stephen S. Wu , Los Altos, California Cooke Kobrick & Wu LLP Stephen S. Wu is a partner in the Silicon Valley law firm Cooke Kobrick & Wu LLP. Headvises clients on data security requirements under privacy and security laws. Mr. Wuhelps clients investigate and take action in response to data security breaches and tradesecret thefts, including appropriate notifications. He analyzes liability arising from securitybreaches and handles any resulting litigation. He counsels clients concerning cyber-riskinsurance policies and coverage, and risk management strategies. In addition, he advisesclients on secure electronic commerce using digital signatures, other secure electronicsignatures, electronic credentials, and encryption. He also helps clients develop security andprivacy policies and practices.

In addition to information security matters, Mr. Wu counsels clients concerning e-discovery,digital evidence, and e-records retention. He also advises clients on matters relating to 3DInternet applications, such as virtual worlds. The California Lawyer magazine and AmericanBar Association Journal featured stories covering his activities in the Second Life® virtualworld. Finally, his practice includes trade secret, copyright, trademark, and commerciallitigation, technology transactions, and corporate governance matters for Silicon Valleycompanies.

Before beginning his practice at CKW, Steve was VeriSign, Inc.’s second in-house attorney,where he managed the development and deployment of worldwide policies and proceduresfor VeriSign’s digital certification Internet security services. Previously, he practiced withtwo international law firms in the areas of intellectual property and general litigation, as wellas technology transactions.

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