The Practice of Law in the 21st Century:

The Intersection of Law & Technology

was held on

February 28 & March 1, 2013.

Click here to view the symposium brochure (PDF format).

The South Carolina Law Review hosted a Symposium titled The Practice of Law in the 21st Century: The Intersection of Law & Technology. The event focused on a host of issues related to the intersection of, and the resulting gap between, law and technology in recent years. Our distinguished presenters, panelists, and authors focused on matters such as: emerging trends and best practices in electronic discovery, technology’s impact on the ethical obligations of attorneys, and how the rules of evidence and civil procedure have each attempted—perhaps unsuccessfully—to keep pace with recent technological advances.

The Symposium was held on Friday, March 1, 2013 at the University of South Carolina School of Law, after a keynote address by Bill Neukom and a reception on the evening of February 28, 2013. As the former Executive Vice-President for Law and Corporate Affairs of Microsoft for nearly twenty-five years, past president of the ABA, and founding donor of The Neukom Institute for Computational Science at Dartmouth College, Mr. Neukom’s wealth of experience in navigating the intersection of law and technology is without question. He provided those in attendance with a unique perspective on how the law and the legal profession can catch up to, and keep pace with, recent changes in technology. The Symposium also offered attendees 5.25 hours of CLE credit, including 1.17 hours of ethics credit.

Honored Guests

Keynote Address:

William H. Neukom
- K&L Gates LLP
- Former Executive Vice President of Law and Corporate Affairs, Microsoft Corporation
- Past President, American Bar Association
- Chairman Emeritus, San Francisco Giants
- Founder, President, & Chief Executive Officer, The World Justice Project

Panelists & Presenters:

Hon. Joseph F. Anderson, Jr.
- U.S. District Judge, U.S. District Court for the District of South Carolina
Nathan Crystal
- Professor Emeritus, University of South Carolina School of Law
- Partner, Crystal & Giannoni-Crystal, LLC
Hon. John M. Facciola
- U.S. Magistrate Judge, U.S. District Court for the District of Columbia
Hon. Paul W. Grimm
- U.S. District Judge, U.S. District Court for the District of Maryland
Jack Halprin
- Head of E-Discovery, Google
Hon. Shiva V. Hodges
- U.S. Magistrate Judge, U.S. District Court for the District of South Carolina
Nick Landsman-Roos
- Student, Stanford Law School
Richard Marcus
- Professor, University of California Hastings College of the Law
Sarah M. Montgomery
- Senior Litigation Counsel for E-Discovery, U.S. Department of Justice
Hon. David C. Norton
- U.S. District Judge, U.S. District Court for the District of South Carolina
Hon. Shira A. Scheindlin
- U.S. District Judge, U.S. District Court for the Southern District of New York
Derek S. Witte
- Adjunct Professor, John Marshall School of Law
- Of Counsel Attorney, Talcott Franklin, P.C.
Charles M. Yablon
- Professor, Yeshiva University Cardozo School of Law
David S. Yellin
- Associate, Fried, Frank, Harris, Shriver & Jacobson LLP

Moderators:

Anne Marie Hanson
- Regulatory & Compliance Counselor, BlueCross BlueShield of South Carolina
Justin S. Kahn
- Attorney, Kahn Law Firm, LLC
Eleanor Kellett
- Assistant General Counsel, South Carolina Electric & Gas Company
Gray Wallington
- Director of E-Discovery & ESI Services, Nexsen Pruet, LLC

Schedule

Thursday, February 28, 2013

5:30 – 6:30pm	Keynote Address*
		William H. Neukom
6:30 – 7:15pm	Cocktail Reception

Friday, March 1, 2013

Jack Halprin
Sarah M. Montgomery
Hon. David C. Norton
Moderator: Gray Wallington

9:00 – 9:10am	Welcome
		Dean Robert M. Wilcox Thomas A. Limehouse
9:15 – 9:35am	Presentation, “The Law & Technology: An Overview”
		Sarah M. Montgomery
9:40 – 10:00am	Presentation, “Inadvertent Disclosure of Privileged Materials: Ethical and Legal Issues in Federal and State Court”
		Nathan Crystal
10:05 – 10:55am	Panel, “From Spoliation to Authentication: The Evolving Role of Technology in Evidentiary Matters”
		Hon. Joseph F. Anderson, Jr. Hon. Shira A. Scheindlin Charles M. Yablon Moderator: Eleanor Kellett
10:55 – 11:10am	Break
11:15 – 11:35am	Presentation, “Predictive Coding: Emerging Issues and Concerns”
		Charles M. Yablon Nick Landsman-Roos
11:40 – 12:30pm	Panel, “Producing & Protecting: How Best To Handle Electronically Stored Information”
12:30 – 1:30pm	Lunch
1:35 – 1:55pm	Presentation, “Structural & Practical Limitations on Rulemaking”
		Hon. Paul W. Grimm David S. Yellin
2:00 – 2:50pm	Panel, “Realities of the Rules: How Procedural Rules Cope with Technological Advances”
		Hon. Paul W. Grimm Richard Marcus Hon. Shira A. Scheindlin Derek S. Witte Moderator: Justin S. Kahn
2:55 – 3:15pm	Presentation, “How Data Mining and Digital Privacy Affect E-Discovery”
		Derek S. Witte
3:20 – 4:10pm	Panel, “Ethical Challenges in E-Discovery: Passwords, Privilege, Profiles, & Beyond”
		Nathan Crystal Hon. John M. Facciola Hon. Shiva V. Hodges Moderator: Anne Marie Hanson
4:15 – 4:20pm	Closing
		Thomas A. Limehouse

*Attendance at Keynote is not required for CLE credit, and we invite anyone to attend the keynote at no charge.

South Carolina Law Review

2013 Symposium Information