ASU-Arkfeld eDiscovery, Law, and Technology Conference 2024

On March 5th, Hausfeld Partner Jeannine Kenney will serve as a moderator and a panelist during the annual Arizona State University Arkfeld eDiscovery, Law, and Technology Conference. This conference focuses on the practical and emerging issues affecting the practice of law in the digital age, and will take place in Downtown Phoenix, Arizona, at ASU’s Sandra Day O’Connor College of Law.

Jeannine Kenney joins other highly accomplished jurists, technologists, and legal professionals as they explored emerging eDiscovery topics and concerns. Panelists and speakers discussed various eDiscovery issues that affect privacy, security, information governance, and the practice of the eDiscovery law.

Jeannine will moderate the panel “Privilege Determinations and Logs: The Elusive Search for an “Easy Button” along with panelists, Brian Morrison (Discovery Counsel at Google), Maria Salacuse (Assistant General Counsel for Technology, Office of General Counsel, Equal Employment Opportunity Commission), and Joy Woller (Partner, eDiscovery Counel at Lewis Roca Rothgerber Christie LLP). This panel explores disagreements over the form and content of privilege logs, the burdens of privilege review and logging, and problems with over-withholding of unprotected documents remain among today’s most controversial discovery policy issues. The panelists will discuss challenges modern day communications methods may pose in identifying and assessing privilege, how certain practices can lead to over-withholding and how to avoid them, and whether emerging technologies offer opportunities to streamline and improve the accuracy of privilege review and logging while reducing its burdens without compromising the quality of the review and logs. Finally, the panel will discuss the implications of the use of new technologies for counsels’ professional and rules-based obligations.

Jeannine will also join the “Under Pressure: Adapt Your Ethics Mindset to the Adapting Workplace… or Bite the (Sanctions) Dust” panel as a speaker. Jeannine will join Niloy Ray (Shareholder at Littler Mendelson), Hon. Noelle Collins (U.S. Magistrate Judge, Eastern District of Missouri), and Tessa Jacob (Partner at Husch Blackwell LLP) in the discussion. The panel looks at how five years ago, for most of us zoom meant a camera function, teams came with jerseys, and A.I. was science fiction.  Since then, society has levelled up with respect to workplace technology.  As the legal community hastens into this age of remote work, asynchronous collaboration, and computer-generated work product, lawyers cannot assume that their ethical obligations remain unchanged.  Rather, the emerging workplace paradigm creates new ethical questions that require shifts in time-worn lawyering practices across the board, affecting everything from basic attorney competence and client confidentiality to fairness and supervision in e-discovery (and beyond).  Against the backdrop of the ABA Model Rules of Professional Conduct, this session will lay out, in rapid-fire fashion, the primary tech-driven ethical concerns and considerations that we must all get comfortable with right now.