Programme

Please Note: Due to speaker scheduling issues it was necessary to revise the programme late on Wednesday 5th. If you are attending the conference please consult the revised timetable sheets provided and posted onsite rather than the below schedule or the printed programme. No sessions have been cancelled, these late changes relate purely to the sequence of sessions.

The programme for E-Discovery Ireland 2011 is below. Speaker details are available on the Speakers page.

Time	Session Title	Speakers	Content Notes
0800	Registration / Breakfast
0830	Opening Address	Mr Justice Frank Clarke	Opening remarks from the conference chair, the Honourable Mr Justice Frank Clarke.
	E-Discovery in the Irish Courts	Liam Kennedy, A&L Goodbody	Introducing 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 Litigation	Pauline Walley SC	Experience 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 Evidence	Stephen Mason	Authenticity of digital data; hearsay; obtaining evidence from other jurisdictions; intentional deletion of evidence.
	Electronic evidence in Ireland: are we there yet?	Simon Collins, Ernst & Young	Presenting the results of a newly-published survey looking at e-discovery and digital evidence practices in Irish law firms.
1025	Coffee Break
	E-Discovery in the UK and Other Common Law Countries	Chris Dale and Senior Master Steven Whitaker	Developments 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 Ireland	Mr Justice Frank Clarke, Liam Kennedy, A&L Goodbody, Chris Dale, Senior Master Steven Whitaker, Pauline Walley	Q&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 Evidence	Ronan Lupton, BL	Addressing 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.
1240	Lunch
	Digital Evidence in the Criminal Context	Chris Taylor	Use 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 Evidence	Stephen Mason, Andy Harbison, Grant Thornton	Legal 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 Driver	Barry Vitou, Pinsent Masons	Importance 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.
1450	Coffee Break
	E-Discovery in the United States	Browning Marean, DLA Piper	Development of e-discovery in the US; review of key milestone cases; important recent decisions; current requirements; lessons for Ireland.
	Panel: Managing Complex E-Discovery Projects	Owen O’Connor, Saida Joseph, Emma Quinn, Dermot Moore	Practical 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 Evidence	Stephen Mason, Browning Marean, DLA Piper, Dr. Vivienne Mee, Stephen McGowan	Discussing 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 lessons	Owen O’Connor, Cernam
1730	Drinks Reception