INFORMATION TECHNOLOGY FOR THE NEW ATTENTION SPAN: "IGNITE" YOUR PRACTICE AND

60 SITES IN 60 MINUTES A SERIES OF RAPID FIRE SPEAKERS ON LAW AND TECHNOLOGY TOPICS

FOLLOWED BY A PANEL DISCUSSION OF THE BEST WEBSITES FOR YOUR PRACTICE AND LIFE

Computer & Technology Section Program

Craig Ball Law Offices of Craig D. Ball, P.C.

Austin, Texas

Ron Chichester Adjunct Professor of Law The University of Houston

Michael Curran

Renew Data Corp. Austin, Texas

Grant Scheiner

Scheiner Law Group, P.C. Houston, Texas

Mark Unger

The Unger Law Firm, PC San Antonio, Texas

Friday, June 11, 2010 9:30 a.m. – 11:30 a.m.

EDUCATION Rice University (B.A., 1979, triple major); University of Texas (J.D., with honors, 1982); Oregon State University (Computer Forensics certification, 2003); EnCase Intermediate Reporting and Analysis Course (Guidance Software 2004); WinHex Forensics Certification Course (X-Ways Software Technology 2005); Certified Data Recovery Specialist (Forensic Strategy Services 2009); numerous other classes on computer forensics and electronic discovery. SELECTED PROFESSIONAL ACTIVITIES Law Offices of Craig D. Ball, P.C.; Licensed in Texas since 1982. Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization Certified Computer Forensic Examiner, Oregon State University and NTI Certified Computer Examiner (CCE), International Society of Forensic Computer Examiners Admitted to practice U.S. Court of Appeals, Fifth Circuit; U.S.D.C., Southern, Northern and Western Districts of Texas. Member, Editorial Advisory Board, Law Technology News and Law.com (American Lawyer Media) Board Member, Georgetown University Law School Advanced E-Discovery Institute and E-Discovery Academy Member, Sedona Conference WG1 on Electronic Document Retention and Production Member, Educational Advisory Board for LegalTech (largest annual legal technology event) Special Master, Electronic Discovery, numerous federal and state tribunals Instructor in Computer Forensics and Electronic Discovery, United States Department of Justice Lecturer/Author on Electronic Discovery for Federal Judicial Center Instructor, Cybercrime Summit, 2006, 2007; SANS Instructor 2009 Editor, EDDUpdate blog Special Prosecutor, Texas Commission for Lawyer Discipline, 1995-96 Council Member, Computer and Technology Section of the State Bar of Texas, 2003- Chairman: Technology Advisory Committee, State Bar of Texas, 2000-02 President, Houston Trial Lawyers Association (2000-01); President, Houston Trial Lawyers Foundation (2001-02) Director, Texas Trial Lawyers Association (1995-2003); Chairman, Technology Task Force (1995-97) Member, High Technology Crime Investigation Association and International Information Systems Forensics Assn. Member, Texas State Bar College Member, Continuing Legal Education Comm., 2000-04, Civil Pattern Jury Charge Comm., 1983-94,State Bar of Texas Life Fellow, Texas and Houston Bar Foundations Adjunct Professor, South Texas College of Law, 1983-88

CRAIG BALL Trial Lawyer & Special Master Computer Forensic Examiner Author and Educator

3723 Lost Creek Blvd. Austin, Texas 78735 E-mail: craig@ball.net Web: craigball.com

Lab: 512-514-0182 Mobile: 713-320-6066 Fax: 512-532-6511

Craig Ball is a Board Certified trial lawyer, certified computer forensic examiner and electronic evidence expert He's dedicated his career to teaching the bench and bar aboutforensic technology and trial tactics. After decades trying lawsuits, Craig limits his practice to service as a court-appointed special master and consultant in computer forensics and e-discovery. A prolific contributor to educational programs worldwide--having delivered over 600 presentations and papers--Craig’s articles on forensic technology and electronic discovery frequently appear in the national media. He writes a monthly column on

computer forensics and e-discovery for Law Technology News and Law.com called "Ball in your Court," recognized as the 2007 and 2008 Gold Medal honoree as “Best Regular Column” as awarded by Trade Association BusinessPublications International, the 2009 Gold and 2007 Silver Medalist honoree of the American Society of BusinessPublication Editors as “Best Contributed Column” and the 2006 Silver Medalist honoree as “Best Feature Series” and “Best Contributed Column." Craig Ball has served as the Special Master or testifying expert on computer forensics and electronic discovery in some of the most challenging and best-known cases in the U.S. Named as one of the Best Lawyers in America and a Texas Superlawyer, Craig is a recipient of the Presidents' Award, the State Bar of Texas’ mostesteemed recognition of service to the profession and of the Bar’s Lifetime Achievement Award in Law andTechnology.

Ron Chichester Ron Chichester is a lawyer and law professor, specializing in electronic discovery, intellectual property, and every aspect of law that deals with computers and networks. He received his bachelors of science in aerospace engineering in 1982 and his M.S. in aerospace engineering in 1984 from the University of Michigan. During most of the 1980's Ron was an aerospace engineer with McDonnell Douglas and General Dynamics where he specialized as a propulsion engineer on tactical fighters and other military aircraft. Ron left the aerospace industry in 1988 and received is J.D. in 1991 from the University of Houston. Ron is a certified computer forensic examiner, and is licensed to practice before all courts in the State of Texas, the Federal District Courts for the Southern District of Texas, the Federal District Courts of Nebraska, the Court of Appeals for the Federal Circuit, and the U.S. Patent and Trademark Office. Ron is the immediate past chair of the Computer & Technology Section, and is also the Vice-Chair of the E-Commerce Committed within the Business Law Section. Ron recently represented the Texas Business Law Foundation and lobbied for passage of S.B. 28, the first anti-botnet statute in the U.S. Finally, Ron is starting his tenth year as an Adjunct Professor of Law at the University of Houston, where he teaches a course on Internet law.

MICHAEL CURRAN

Michael Curran serves as the Assistant General Counsel at Renew Data Corp. in Austin, Texas. Prior to his work as in-house counsel, Michael Client served as the Director of Legal Solutions and the Client Services Manager for the RenewData eDiscovery team. In both these roles, Michael supervised the project management team supporting eDiscovery projects and regulatory compliance projects. Mr. Curran previously served as a Project Manager for Renew Data Corp.

Mr. Curran has worked with several top rated Texas law firms on their e-Discovery and litigation support needs. He has an extensive background in litigation and discovery matters. He worked seven years in private practice supporting mid-sized firms with high volume litigation and discovery needs. In addition to his experience as an attorney, Mr. Curran has also held marketing and business development roles in the technology industry. Mr. Curran holds both a Bachelor’s and a Master’s degree in Business Administration from the University of Texas at Austin and is a graduate of the South Texas College of Law.

Grant!M.!Scheiner!–!Biography!

! Grant!Scheiner!is!Chair"Elect!of!the!Computer!&!Technology!Section!of!the!State!Bar!of!Texas.! !He! is! the! principal! of! Scheiner! Law!Group,! P.C.,! a! criminal! defense! firm! in!Houston.!Scheiner! is! Board! Certified! in! Criminal! Law! by! the! Texas! Board! of! Legal! Specialization.! ! The!American!Trial!Lawyers!Association!lists!Scheiner!as!one!of!the!“Top!100!Trial!Lawyers!in!Texas.”!In!2009,!he!was!named!a!“Texas!Super!Lawyer”!in!the!categories!of!DWI!Defense,!Criminal!Law!and!Federal!White!Collar!Defense.!Scheiner! is!a! frequent!author!and! lecturer!on!criminal! law!and!technology!topics.!

F R I D A Y , M A R C H 5 , 2 0 1 0

MARK I. UNGER, Esq.The Unger Law Firm, pc10010 San Pedro, Ste. 660San Antonio, Texas 78216Tel: 210.366.9676Fax: 210.366.0412Em: miunger@gmail.comUrl: www.unger-law.com

BIOGRAPHICAL INFORMATION

Education

St. Mary’s University School of Law, San Antonio, Texas, JD 1995Universitat Innsbruck, Innsbruck, Austria, summer 1993

University of Texas, Austin, Texas, BA 1991

Austin Dispute Resolution Center, Austin, Texas, General and FamilyLaw, 2009 (Credentialed as Mediator under Texas Civil Practice andRemedies Code, section 154.052)

Honors/Activities

* San Antonio's Best Lawyers 2007, 2009 (Family Law)Scene In SA Monthly, attorney/peer ranking

* State Bar of Texas Directors' Pro Bono Resolution award,State Bar of Texas

January, 2010

* Texas eFiling Pioneer Award, TexasOnline-BearingPoint;

Mark I. Unger is a Family Law

Attorney and Mediator, with a high

focus on the interactive nature of

communication with Clients,

Attorneys and the Courts via

technology. His practice's virtual

component includes electronic filing

and billing, client extranets and

client video conferencing.

CLIENT ACCOUNT SIGNIN

B L O G A R C H I V E

! 2010 (1)

! March (1)

MARK I. UNGER, Esq. The Unger

Law Firm, pc 10010 S...

A B O U T M E

MARK I. UNGER

Mark I. Unger is a

divorce lawyer and

mediator in San Antonio

and Austin, Texas. He

has been practicing family law

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September, 2005

* First-filed Electronic Filing in Bexar County State DistrictCourts; San Antonio Express News, June 11, 2003

* President’s Award, San Antonio Bar Association;2002

*First-filed CD-ROM appellate brief in State of Texas;Texas Lawyer, March 30, 1998

Bar Activities

State Bar of Texas• Computer & Technology section• Family Law section

Computer Council of the State Bar of Texas• Chair, 2007-2008• Chair-Elect/Acting Chair, 2006-2007• Treasurer, 2005-06• Secretary, 2004-05• Member, 2001-present• Chair, Subcommittee on E-Filing; State Bar Liaison

Judicial Committee on Information Technology (JCIT), 2007-present

State Bar Web Services Committee, 2007-present • Vice-Chair, 2008-09; 2009-10

Texas Family Law Foundation, 2007-present

College of the State Bar of Texas, 1998-present

Pro Bono College of the State Bar of Texas

San Antonio Bar Association• Chair, Technology Committee, 2000-present• Family Law Section, Board of Directors, 2008-09; 2009-10• Community Justice Program (CJP) Mentor, 2004-present• Member, Lawyer2Lawyer/Mentor committee, 2000-2001

State of Texas E-Filing project advisor, Bexar County, 2001-2003

American Bar Association, 1999-2004

Federal Bar Association, 1998-2000

Texas Young Lawyer’s Association (Member, Technology Committee)(1998-2000)

San Antonio Young Lawyers Association (Contributing Editor, DocketCall; Technology Committee; various volunteercommittees/projects)(1997-2003)

Publications/Presentations

* State Bar of Texas, Law Practice Management section; PerfectingYour Practice: Law Practice Management Essentials and Cutting EdgeTechnology For Your Law Practice; Tooting Your Own Horn: Search

has been practicing family law

almost exclusively since 1996. He

has been highly involved with

technology and the integration of

technology and law since

approximately 1998. He has spoken,

written and participated in

numerous technology law and family

law seminars, having been on the

board of the State Bar of Texas

Computer & Technology Council

since 2001 and the San Antonio Bar

Association's Technology committee

since 1999. He sits on the 2009-2010

Family Law Section Board (San

Antonio), the Judicial Committee on

Information Technology, Computer

Council of the State Bar of Texas,

and the Web Services Committee of

the State Bar of Texas. Mark focuses

his practice in Family Law and

Technology, including but not

limited to Divorce, Property

Division, Custody, Enforcement and

Modification of child support,

possession and access or visitation,

Relocation, Grandparent Rights,

Multi-State Jurisdictional litigation

in Family Law, and all other areas of

Family Law.

VIEW MY COMPLETE PROFILE

Engine Optimization and Other Ethical Forms of Web Presence; andProtecting Your Privates: Data Security, Live CLE, Houston, Texas

November 5-6, 2009; Planning Committee and Speaker

* Extreme Family Law VII: Going Through The Big “D” And We Don'tMean Dallas;“Using The Wisdom of Solomon: Creative MediationTechniques” CLE, San Antonio, Texas

February 27, 2009; Paper and Powerpoint

* Practicing Safely: Protecting Client Confidences from TechnologyTraps

State Bar of Texas, Law Practice Management section; PerfectingYour Practice Live CLE, Houston, Texas February 6, 2009; PlanningCommittee and Speaker

* TechLawSA: Pragmatic Use of Technology in Litigation State Bar ofTexas

State Bar of Texas, Computer & Technology Section; San Antonio BarAssociation; St. Mary's Law School, Live CLE, San Antonio, TexasJuly 25, 2008; Co-Course Creator and Director

* State Bar of Texas - Compliant Websites: Nailing It: The Tools YouNeed for Today's Practice;State Bar of Texas, Law Practice Management, Live CLE, Dallas,TexasMay 15, 2008; moderator, panel presentation

* The Essentials for Solo and Small Law Firm Practices: A State BarCompliant WebsiteAustin Bar Association/State Bar of Texas, Live CLE, Austin, TexasOctober 19, 2007; moderator, panel presentation

* Establishing a Quick and Easy State Bar Compliant WebsiteState Bar of Texas, Live AV Podcast, Austin, Texas(TexasBarCLE.com)July 25, 2007; moderator, panel presentation

* Getting You In and Keeping Them Out:The Sub-Portal for Local Bars and Computer Security for the LawOfficeState Bar of Texas, Bar Leaders ConferenceJuly 22, 2006; paper/presentation

* Information Security In The Law OfficeSan Antonio Bar Association, Family Law Section , Monthly CLELuncheon,June 20, 2006; paper/presentation

* Beyond E-mail: Using The Internet For Your Law PracticeSan Antonio Bar Association, Family Law Section;Extreme Family Law Makeover! San Antonio, Texas;March 4, 2005; paper/presentation

* Electronic FilingState Bar of Texas, BarTech ‘04: Technology Strategies to StayCompetitive in

the Practice of Law, Dallas, Texas;

August 27, 2004; presentation

* E-Filing: Ready Or Not, It’s Coming (Or Is Already Here)State Bar of Texas, Advanced Family Law Course, San Antonio,Texas;August 10, 2004; presentation

* E-Filing: Ready Or Not, It’s Coming (Or Is Already Here)State Bar of Texas Advanced Personal Injury Law Course, SanAntonio, Texas;August 6, 2004; presentation

* Oh what a tangled web we weave…Internet Research Sites for‘practise’in the new millennium; MABA General Practice Seminar, Las Vegas,NevadaJuly 23-24, 2004; paper

* E-Filing: Ready Or Not, It’s Coming (Or Is Already Here)State Bar of Texas Advanced Personal Injury Law Course, Dallas,Texas;July 16, 2004; presentation

* Clean Sweep: Winning Your Case At The Temporary Orders HearingExtreme Divorce Practice Makeover; Family Law Section, SanAntonio BarAssociation, June 25, 2004; paper

* Temporary To Final: Basic Family Law After The 2003 LegislatureAnatomy Of A Civil Trial VII; San Antonio Bar Association;May 24, 2004; paper

* Internet Research For AttorneysMABA General Practice Seminar, Las Vegas, NevadaJuly 10-12, 2003; paper

* Trying A Custody Case On A BudgetSan Antonio Bar Association, Family Law Section SeminarJune 20, 2003; paper

* Trying A Temporary Orders Hearing EfficientlyAnatomy Of A Civil Trial VII; San Antonio Bar Association;May 16, 2003; paper

* Electronic Filing For AttorneysSan Antonio Bar Association, Real Estate Section/discussion grouppresentation;November 14, 2002; paper/presentation

* Beginning The Family: Infancy Issues In Matrimonial Law2002 SAYLA Courthouse Tour Seminar; San Antonio Young LawyersAssociation;October 10, 2002; paper

* Internet Research For Attorneys: New Tools For InformationGatheringHays County Bar Association

October 8, 2002; presentation and paper;

* Family Law For The Non-Family Lawyer and Pending LegislativeChangesAnatomy Of A Civil Trial VI; San Antonio Bar Association;March 9, 2001; paper

* Family Law For The Non-Family Lawyer2000 SAYLA Courthouse Tour Seminar;San Antonio Young Lawyers Association

October 10, 2000; paper

* Family Law: Initial Guide For The General Practitioner1999 SAYLA Courthouse Tour Seminar;San Antonio Young Lawyers Association

October 7, 1999; paper

* Family Law-- The Short And The Long Of It: When Temporary MayMean Final AnatomyOf A Civil Trial V; San Antonio Bar Association;September 17, 1999; paper

Community

American Diabetes Association, Board of Directors, San Antonio1999-2000San Antonio Museum Of Art, Young Patrons Board 1999-2000Alamo Philanthropic Alliance, host of the annual Charity CountryWine Auction;Charter member and corporate co-chair 1998-2000San Antonio Lighthouse for the Blind, Young Leadership Council1996-1997

Personal

CyclingGolfFreelance Writer-- restaurant reviews, articles, editorial comments,poetry; published-- San Antonio Express News, San Antonio PoetryFair Anthologies, Austin International Poetry Festival Anthology, SAPoet Magazine, San Diego Arts/Poets Magazine, San Antonio Current,San Antonio Young Lawyers Association Docket Call, and SanAntonio Lawyer Magazine.

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PROJECT MANAGEMENT TIPS FOR BETTER E-DISCOVERY

[IGNITE PRESENTATION]

MICHAEL CURRAN Assistant General Counsel, Renew Data Corp.

Austin, Texas

PROJECT MANAGEMENT TIPS FOR BETTER E-DISCOVERY

[IGNITE PRESENTATION] Presentation Outline

Slide 1. Introduction

Slide 2. What is eDiscovery? - EDRM Model

Slide 3. Litigation Life Cycle v. EDRM

Slide 4. What is Project Management?

Slide 5. Project Management Phases

Slide 6. Initiation Phase - Time - Start Early

Slide 7. Planning Phase - Budget - Data Sizes

Slide 8. Executing Phase

Slide 9. Monitoring and Controlling Phase

Slide 10. Closing Phase

Slide 11. Communications

Slide 12. Cost – Time – Quality Triangle

Slide 13. Project Risks

Slide 14. Sanctions

Slide 15. Risk Mitigation

Slide 16. Sampling

Slide 17. Status Reports

Slide 18. The Big Expense of Discovery

Slide 19. Phases of Document Review

Slide 20. Conclusion – 3 Models to Know

1

PROJECT MANAGEMENT TIPS FORBETTER E-DISCOVERY[State Bar of Texas Ignite Presentation]

Michael CurranMichael CurranJune 11, 2010

2

Introduction

Anyone can manage an e-Discovery project

To beat the opposition:– Read– Ask Questions– Practice– Routine

2

3

What is eDiscovery – See EDRM

3

4

Litigation Life Cycle v. EDRM

Pre-Litigation

Pleadings Discovery Trial PostTrial

Litigation Life Cycle

Litigation Trial

4

5

What is Project Management?

Planning organizing and managing• Planning, organizing and managing resources to achieve success

• Professional and ethical

• Proactive

5

6

Project Phases

6

Source: Wikipedia

7

Initiation Phase

G t St t d E l• Get Started Early

7

8

Planning Phase

• Budget

• Timelines• Meet & Confer

8

Timelines

9

Executing Phase

• Processing to complete work

• Coordinate, integrate, deliver

9

Coordinate, integrate, deliver

10

Monitoring and Controlling Phase

• Quality matters

• Checklist

10

• Inspect

11

Closing Phase

• Tie up loose ends

• Contract closure

11

• Data retention

12

Project Communications

• Create communications plan

• Key area for success

12

13

Cost – Time – Quality Triangle

13

14

E-Discovery Project Risks

• Poor communicationsPoor communications

• Tight deadlines

• Last minute changes

• Privileged data

• Foreign languages

• New technologies

14

15

Sanctions

L t f l• Lots of case law

• Negligence or bad faith

• Prejudice

15

16

Risk Mitigation

• Plan ahead• Plan ahead– Know your client

• Train employees or qualify vendors– Know your abilities

• Test output

16

17

Sampling

• Inspect what you expect.

• You are responsible.

• Plan for updates.

17

18

Status Reports

• Daily or weekly communications• Daily or weekly communications

• Costs to date

• On schedule or not

• Key activities completed

• Key activities coming up

• Documents reviewed and remaining

18

19

The Big Expense in Discovery

• Document Review

• Attorneys and Processing

19

20

Phases of Document Review

20

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Conclusion – 3 Models to Know

Pre-Litigation

Pleadings Discovery Trial PostTrial

21