The Effects Technology has on the Ethical and Professional Responsibility of Attorneys
NIU Law School, DeKalb, Illinois Riley Courtroom & Marshall Gallery April 16, 2010 9:00 a.m. – 3:30 p.m.
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The Northern Illinois University Law Review is proud to bring such a distinguished panel of individuals to our 19th annual Law Review Symposium. Please join the NIU Law Review in a discussion on What it Means to be a Lawyer in the Digital Age. Led by Judges, litigators, in-house counsel, computer consultants, and professors, the symposium will consist of panel discussions as well as a keynote address. For a complete list of speaker, please see the Speakers Tab above.
The symposium will explore how the inevitable proliferation/invasion of technology has changed the practice of law and will continue to change the practice of law. Topics to include: e-discovery, Sedona Cooperation Proclamation, 7th Circuit Illinois Pilot Program, retention policies, technology use in the courtroom, and data privacy. Further, professional responsibility and ethical concerns are embedded in all of these topics. Throughout the symposium, these concerns will be discussed.
Advocate of technology or not, we live in a world where individuals are rapidly moving from the pen to the keyboard. As a result, the issues to be discussed at this year’s symposium impact all practicing attorneys and practicing attorneys to be.
Magistrate Judge Facciola was appointed a United States Magistrate Judge in August 1997. He received an A.B. in 1966 from the College of the Holy Cross and a J.D. in 1969 from the Georgetown University Law Center. Following law school, Magistrate Judge Facciola served as an Assistant District Attorney in Manhattan from 1969 to 1973, and was in private practice in the District of Columbia from 1974 to 1982. He joined the U.S. Attorney’s Office in 1982 and served as Chief of the Special Proceedings section from 1989 until his appointment as Magistrate Judge. Magistrate Judge Facciola is an adjunct professor of law at Catholic University. He is a fellow of the American Bar Foundation and a member of the Board of Governors of the John Carroll Society.
Ralph Losey is a shareholder of Akerman Senterfitt, Founder and Chair of Akerman's Electronic Discovery and IT Law practice group, and Adjunct Professor at the University of Florida College of Law teaching e-discovery and advanced e-discovery. Ralph is a prolific author of e-discovery in the industry, having written three books and three law review articles in the past three years. His newest book will be published by West Thomson in 2010, entitled "Electronic Discovery: New Ideas, Trends, Case Law, and Practices," (West 2010). He has previously written the American Bar Association's feature books on electronic discovery for 2008 and 2009: "Introduction to e-Discovery: New Cases, Ideas, and Techniques," (ABA 2009); and "e-Discovery: Current Trends and Cases," (ABA 2008). He is also the author of the well known law review article on the mathematics underlying e-discovery: "HASH: the New Bates Stamp," 12 Journal of Technology Law & Policy 1 (June 2007), and more recently on the ethics underlying e-discovery: "Lawyers Behaving Badly: Understanding Unprofessional Conduct in e-Discovery," 60 Mercer L. Rev. 983 (2009). His most recent law review article was written for The Sedona Conference, "Mancia v. Mayflower Begins a Pilgrimage to the New World of Cooperation," The Sedona Conference Journal (Winter 2009), on an important new collaborative approach to discovery. Ralph is also the principle author and publisher of a popular weekly blog on e-discovery, e-Discovery Team Blog, which now averages over 400,000 visits per year. Ralph has a long history in commercial litigation in both state and federal court, with an emphasis on technology-related issues, ERISA disputes, and Qui Tam government fraud cases. His experience includes one of the largest e-discovery cases in Central Florida in the late 90s, and more recently, one of largest Qui Tam pharmaceutical fraud cases in the country.
Ralph has practical experience as a computer user and amateur programmer going back to 1978. He has worked with mainframes, minicomputers, Macs and PCs, utilizing all applications imaginable, and creating and designing software in the 1980s and Internet websites in the 1990s. Ralph was the first lawyer in Central Florida to have a computer on his desk, the first to use Westlaw, and the first lawyer in Florida with an Internet website. He was also a pioneer in the field of Computer Law, dating back to the early 1980s where he developed particular experience in computer database protection, software licensing, and later, Internet law; see for instance, "The Legal Protection of Computer Databases," Florida Bar Journal (1991). Ralph has also worked with high-tech start-up companies, where he helped develop a food service database which later became the industry (IFDA) standard.
He has been involved in technology disputes of all kinds, including the widely publicized case concerning the private collection and sale of a database of all Florida drivers license photographs: Image Data, L.L.C. v. Sullivan, 739 So.2d 725 (5th DCA 1999), and the recent e-discovery spoliation adverse inference decision, Optowave Co., Ltd. v. Dmitri G. Nitikin, 2006 WL 3231422 and 2006 Lexis 81345 (M.D. Fla. November 7, 2006). He was also in the first group of attorneys to be certified by the Florida Supreme Court as a Mediator of Computer Law disputes in 1989, and has extensive experience in alternative dispute resolution.
Jason R. Baron, National Archives and Records Administration
Jason R. Baron has served as the National Archives' Director of Litigation since May 2000. In this position, Mr. Baron is responsible for overseeing all litigation-related activities confronting the National Archives, including complex Federal court litigation involving access to Federal and Presidential records in the National Archives' custody.
For the twelve-year period prior to his appointment as Director of Litigation, Mr. Baron held successive positions as trial attorney and senior counsel with the Federal Programs Branch of the Civil Division of the Department of Justice, where he represented the Archivist and various Executive Office of the President components in Armstrong v. Executive Office of the President (the PROFS case) and Public Citizen v. Carlin (the GRS 20 case), and was counsel of record in litigation involving regulation of the Internet. As NARA's representative to The Sedona Conference®, Mr. Baron currently serves as Co-Chair of the Working Group on Electronic Document Retention and Production, having been appointed to the Working Group's Steering Committee in 2007. He also serves as Editor-in-Chief of The Sedona Conference Best Practices Commentary on the Use of Search and Information Retrieval in E-Discovery, and Co-Editor in Chief of The Sedona Conference® Commentary on Achieving Quality in E-Discovery. Mr. Baron is also a founding coordinator of the TREC Legal Track, an international research project organized through the National Institute of Standards and Technology to evaluate search protocols used in e-discovery.
Mr. Baron has authored many publications and is a frequent public speaker on the subject of the Federal Government's obligations with respect to the preservation of electronic records. He currently serves as an Adjunct Professor in the University of Maryland's graduate College of Information Studies. For a selected list of publications, see the National Archives Staff Publications.
William Hamilton, Holland & Knight, Tampa, FL
William F. Hamilton is Board Certified in Business Litigation and Intellectual Property by The Florida Bar. His work includes complex business litigation in the areas of contract, software, and technology disputes, intellectual property (copyright, trademark, patent and trade secrets law), e-commerce, data security, telecommunications, trade regulation and unfair trade practices, and commercial real estate.
Mr. Hamilton currently serves as co-chair of Holland & Knight's national E-Discovery practice and teaches Electronic Discovery and Digital Evidence as an Adjunct Professor at the University of Florida's Levin College of Law. Mr. Hamilton is a featured speaker and writer on business litigation, electronic discovery and evidence. Mr. Hamilton is also a neutral, arbitrator and mediator for the World Intellectual Property Organization, the International Trademark Association, and the American Arbitration Association. Prior to his position as co-chair of the firm's e-discovery practice Mr. Hamilton served as Holland & Knight's Technology Partner responsible for the design and launch of the firm's web site, intranet, and client extranets.
Prof. Steven Gensler, University of Oklahoma College of Law
Prof. Gensler is a Professor at the University of Oklahoma College of Law. He teaches courses on civil procedure, conflict of laws, federal courts, complex litigation, and alternative dispute resolution. He joined the OU law faculty in 2000 after serving two years as a Visiting Assistant Professor at the University of Illinois College of Law. Professor Gensler is the author of Federal Rules of Civil Procedure: Rules and Commentary (West) and a variety of articles on federal and Oklahoma practice and procedure. His recent scholarship has focused on the rulemaking process, electronic discovery, and class actions. 4, Professor Gensler was the Supreme Court Fellow at the Administrative Office of the United States Courts. At the symposium, Prof. Gensler will be discussing, among other topics, his article titled, "The Bulls-Eye View of Cooperation in Discovery."
Tina Solis, Ungaretti & Harris, Chicago, IL
Tina concentrates her practice in commercial litigation. She has extensive experience in a wide array of business disputes, including contract actions, law firm dissolutions, shareholder remedies, commercial fraud, trade secret litigation, unfair competition, business torts, and employment defense. She has extensive experience in prosecuting and defending professional liability cases, including an active practice in representing lawyers in a variety of breach of fiduciary duty claims. She also has significant experience with construction and procurement litigation.
Tina also routinely handles cases involving temporary, preliminary, and permanent injunctions and other equitable relief. She has litigated in both state and federal courts at the trial and appellate level. Tina is also heavily involved in alternative dispute resolution, such as arbitration and mediation. She is Co-Leader of the firm's Electronic Discovery Committee and regularly counsels clients on a variety of electronic discovery issues.
Hon. Stephen Walter (Ret.) is an experienced mediator with expertise in the Criminal Felony Court: murder, criminal drug conspiracy, sexual assault trials and the Civil Law Division: medical malpractice, complex personal injury, and complex commercial litigation. Judge Walter has conducted more than 800 pretrial conferences in major civil litigation matters. He presided over a 6 week jury trial, the longest jury trial in Lake County history. ADR Experience and Qualifications: 21 year judicial career focused on medical malpractice, personal injury, and commercial litigation in the 18th Judicial Circuit Civil Division. Presiding Judge, Civil Division, 1998-2002. Chief Judge, Nineteenth Judicial Circuit, 1994-1996. Presiding Judge, Civil Division, 1990-1994. Circuit Judge, Nineteenth Judicial Circuit, 1988 to present. Associate Judge, Nineteenth Judicial Circuit, 1985-1988.
Wayne Hill is an experienced litigator who is committed to educating the legal community on the impact of technology on the practice of law, and particularly its effect on all facets of litigation. A member of the legal community since 1988, he brings an extensive legal background and deep understanding of technology to his current role as a senior training consultant for Merrill Corporation.
Prior to joining Merrill, Hill was employed by West, a Thompson Reuters Business, a large multinational corporation that serves the legal community. While at West, he and his team developed products and services specifically for litigators. He also worked extensively with both trial and appellate courts to provide counsel access to valuable court documents. In addition, he has consulted with attorneys, judges, and staff on the use of technology products, services and tools to maximize their practice of position.
A trial attorney with extensive litigation experience in both state and federal courts, Hill has handled complex criminal, civil, and commercial litigation matters. He has tried hundreds of cases and understands the tools and resources legal counsel need in order to succeed in the changing practice of law.
Christina Conlin is an In-House Counsel for McDonald's in Oakbrook, Illinois. Ms. Conlin specializes in e-discovery practices. Ms. Conlin is a committee member of the Seventh Circuit Electronic Discovery Pilot Program. To read about the Seventh Circuit Electronic Discovery Pilot Program go to: http://www.ilcd.uscourts.gov/Statement%20-%20Phase%20One.pdf
Professor James F. Leon is a professor at Northern Illinois University and is the Director of Information Technology Training in the Department of Computer Science. Mr. Leon is a Certified Information Systems Security Professional (CISSP). He has over 20 years experience in teaching course in computer science and information technology. Mr. Leon is the author of cybersecurity articles in CPA Journal and Journal of Accountancy.
Professor Laurel Rigertas is a professor at NIU College of Law. Prof. Rigertas teaches Introduction to Lawyering Skills, Torts and Professional Responsibility. Prior to joining the NIU Law faculty in 2006, Professor Rigertas practiced complex commercial litigation as a partner with Michael Best & Friedrich LLP in Chicago, which she joined in 1999 as an associate. She has litigated cases at the trial and appellate levels in both federal and state courts, as well as in arbitrations and mediations. Professor Rigertas began her law career in 1997 at Jenner & Block in Chicago, where she also focused on commercial litigation, business torts and personal injury defense.
The 19th Annual Law Review Symposium, What it Means to be a Lawyer in the Digital Age: The Effects Technology has on the Ethical and Professional Responsibility of Attorneys, will be held on Friday, April 16, 2010. Registration will start at 8:00 a.m. The symposium will start promptly at 9:00 a.m.
The symposium will feature an impressive lineup of experts in the field of electronic discovery, computer privacy, and electronic document retention. The keynote speaker is Magistrate Judge John Facciola, a Federal Magistrate Judge for the U.S. District Court in the District of Columbia who has written several opinions on electronic discovery.
Other featured speakers will include: Ralph Losey, shareholder of Akerman Senterfitt, founder and chair of Akerman’s Electronic Discovery and IT Law practice group, and a prolific author of e-discovery in the field, having written three books and three law review articles in the past three years; Jason Baron, National Archives’ Director of Litigation for the National Archives and Records Administration, NARA’s representative to The Sedona Conference, and Co-Chair of the Working Group on Electronic Document Retention and Production; Tina Solis, attorney at Ungaretti & Harris, Co-Leader of the firm's Electronic Discovery Committee, and who regularly counsels clients on a variety of electronic discovery issues; and William Hamilton, partner at Holland & Knight LLP, and is the co-chair of Holland & Knight’s national E-Discovery practice. For a complete list of speakers, please see the 2010 Symposium tab.
The price includes lunch, supplemental information folder, and a copy of the 2010 NIU Law Review Symposium Issue.
Attendee Rates
Full Day
Half Day
Standard
$100
$60
NIU Alumni
$90
$50
Government
$90
$50
Standard Rate applies for a general attendee who does not meet one of the following: NIU alumni, state or federal government employee, or a student at NIU.
NIU Alumni qualify for a reduced rate if they are a graduate of the NIU College of Law. Please inquire if you are a NIU alumni from another college program.
Government Employees qualify for a reduced rate with proof of employment as a federal, state, or local government entity.
Students see Melody Mitchell, Director of Alumni Events & Public Relations, Swen Parson Hall, Room 285.
Group discount rates apply when 2 or more attendees register at the same time. The discount rate used will be the government rate for a full or half day program.
The half-day program will be either the morning sessions and lunch or lunch and the afternoon sessions.
Each year, the NIU Law Review and the College of Law host a symposium. Symposium subjects vary from year to year. Previous symposium subjects have included the following:
Confronting the Challenges of Persons Who Are Mentally Ill: Best Practices and Remaining Issues in the Law
The Modern American Jury
Emerging Issues in Election Law
Medical Malpractice: Emerging Issues and the Effects of Tort Reform
Current Issues in Child Custody Law
Emerging Issues in Equal Protection
Domestic Violence and Victimizing the Victim: Relief, Results, Reform
The 21st Century Trial Lawyer: A Lawyer's Guide to Electronic Evidence Presentation and Case Management
Hot Topics in Dispute Resolution: What Advocates, Neutrals, and Consumers Need to Know
Defense Strategies in Death Penalty Litigation
Land-use, Agricultural, and Environmental Law
Building Cooperation Across Communities
Growth Management for the Next Century: Challenges and Opportunities
Discretionary limits in Land-Use Control
New Directions in Environmental Regulation Affecting Development
A Discussion of the Seventh Circuit’s Electronic Discovery Pilot Program and its Impact on Early Case Assessment
- Tina B. Solis
Articles
At Issue Waiver of the Attorney Client Privilege in Illinois: An Exception in Need of a Standard Exclusive Submission?
- Kevin Bennardo
Can a Computer Read a Doctor’s Mind?; Whether using data mining as proof in healthcare fraud cases is consistent with the law of evidence?
- Colin Caffrey
How the Lack of Prescriptive Technical Granularity in HIPAA Has Compromised Patient Privacy
- Tim Wafa
Notes
Vehicle Search Incident to a Lawful Arrest: The New Two-Part Rule from Arizona v. Gant Misses the Mark
- Alexander Geocaris
Kicking “Single-Entity” to the Sidelines: The Antitrust Effects of Free Agency in Major League Soccer and Why the Supreme Court Should Show a Red Card to the Single-Entity Status in Labor Relations
