E-Discovery Ireland 2012

2nd Annual E-Discovery and Digital Evidence Conference

2011 Agenda


Session TitleSpeakersContent Notes


Registration / Breakfast


Opening AddressMr Justice Frank ClarkeOpening remarks from the conference chair, the Honourable Mr Justice Frank Clarke.

E-Discovery in the Irish CourtsLiam Kennedy, A&L GoodbodyIntroducing the current state of play in Ireland and outlining key differences between Ireland, the US and the UK; discussing recent legislative and regulatory changes affecting electronic disclosure, digital evidence and electronic business records.

Experiences of E-Discovery & Digital Evidence in Irish LitigationPauline Walley SCExperience of and views on use of digital evidence in Irish civil and criminal litigation; discussing the practical implications of discovery in civil litigation and disclosure in criminal trials.

An Overview of Digital EvidenceStephen MasonAuthenticity of digital data; hearsay; obtaining evidence from other jurisdictions; intentional deletion of evidence.

Electronic evidence in Ireland: are we there yet?Simon Collins, Ernst & YoungPresenting the results of a newly-published survey looking at e-discovery and digital evidence practices in Irish law firms.


Coffee Break

E-Discovery in the UK and Other Common Law CountriesChris Dale and Senior Master Steven WhitakerDevelopments in e-disclosure in the UK including the ESI Practice Direction and Questionnaire; reviewing the status and development of e-discovery / e-disclosure in other common law countries (Australia, New Zealand, Canada, Singapore, Hong Kong, etc).

Panel: Q&A on Common Law Countries & Lessons for IrelandMr Justice Frank Clarke, Liam Kennedy, A&L Goodbody, Chris Dale, Senior Master Steven Whitaker, Pauline WalleyQ&A and panel discussion on e-discovery in common law countries and potential lessons for Ireland from the UK and other countries.

E-Discovery in the EU: Intersection of EU Regulations & Digital EvidenceRonan Lupton, BLAddressing availability of data stored under data retention for other evidential purposes; practicalities of accessing material stored under data retention in litigation; specific issues potentially blocking collection or disclosure of personal records; sensitive personal data in discovery; practical approaches to addressing these issues.



Digital Evidence in the Criminal ContextChris TaylorUse of digital evidence in criminal investigations; challenges for law enforcement in the use of digital evidence; parallels for civil context; what to expect for companies involved in criminal investigations.

Challenging Digital EvidenceStephen Mason, Andy Harbison, Grant ThorntonLegal basis for admitting digital evidence; ‘presumption’ of reliability of digital evidence; need to challenge digital evidence; risks associated with  blind confidence in electronic records.

Foreign Corruption Cases as an E-Discovery DriverBarry Vitou, Pinsent MasonsImportance of digital evidence for investigation & defence of corruption allegations; introducing UK Bribery Act and record-keeping requirements; introducing US Foreign Corrupt Practices Act and comparison with UK Bribery Act; potential for Irish companies to be implicated in Bribery Act or FCPA issues.


Coffee Break

E-Discovery in the United StatesBrowning Marean, DLA PiperDevelopment of e-discovery in the US; review of key milestone cases; important recent decisions; current requirements; lessons for Ireland.

Panel: Managing Complex E-Discovery ProjectsOwen O’Connor, Saida Joseph, Emma Quinn, Dermot MoorePractical and legal issues for Irish companies exposed to e-discovery or government investigations; specifically covering US (preservation obligations, expanded scope of evidence collection, native production, differences in privilege, etc) and the intersection with Irish litigation, e.g., conflict between US litigation holds and good information management.

Panel: Emerging Technology & New Sources of EvidenceStephen Mason, Browning Marean, DLA Piper, Dr. Vivienne Mee, Stephen McGowanDiscussing e-discovery implications of current IT trends such as cloud computing and the business use of online productivity tools; consumerisation of IT; increased use of mobile devices including “Bring Your Own Device” policies; new storage technologies, etc.

Closing remarks, summary of proceedings, key lessonsOwen O’Connor, Cernam


Drinks Reception