E-Discovery Challenges in Government Investigations and Regulatory Actions
Stakes are high when organizations face government investigations or enforcement activity. And when dealing with the government, unique e-discovery challenges arise. Many government legal professionals lack deep e-discovery expertise, and have limited technical support available. Yet e-discovery technology plays a role in virtually every matter. Other issues that complicate discovery in government matters include:
- The “cooperative” posture often associated with governmental investigations when no judge is available to resolve discovery disputes;
- The increased transparency requested by the government;
- The broad breadth and compressed timelines associated with many government requests; and
- The government’s increasing tendency to request specific discovery protocols, including technology assisted review.
In this program, the panelists will explore how organizations can overcome these challenges and more effectively handle discovery in government matters. They will discuss how to identify the scope of the government’s request and appropriately tailor a discovery solution that is reasonable, cost efficient, and defensive—and if necessary, educate the agency about e-discovery along the way. The program will also explain the obligations to preserve information, and the ramifications—including criminal liability—for spoliation of evidence. Finally, the panelists will discuss using predictive coding and other advanced analytics in government discovery.
Introduction by Maureen O’Neill SVP, DiscoverReady
Moderated by Amy Hinzmann, EVP Managed Review, DiscoverReady
- Scott Coonan, Senior Director of IP, Litigation & Strategy, Juniper
- Mira Edelman, Senior Discovery Counsel, Google
- Dawson Horn III, Associate General Counsel, AIG
- Sylvie Stulic, Senior Litigation Paralegal, Electronic Arts