When Data Preservation Goes Wrong

Date:Thursday, March 9, 2017
Time: 1pm ET | 10am PT
Cost: FREE

Produced and Sponsored by:



Despite best efforts, data preservation sometimes doesn't go as planned – there are many factors that can obstruct a well-intentioned e-discovery process. So what happens if preservation fails? VW’s in-house attorneys’ blunders on a litigation hold can teach the entire industry how to prevent similar missteps. Creating a data mitigation process that maps out ways to reliably find, tag, relocate and secure relevant data in easy-to-discover places is key. Evolving preservation and device policies to keep pace with the cloud and emerging digital formats is also essential.

Join this complimentary webcast and you will learn not only how to prevent mistakes, but also the best way to come clean if something does go wrong and how to repair the damage. The panel will explore the VW case and detail best practices, including:

  • Common areas where preservation breaks down and how to avoid them
  • Policies and procedures to proactively manage risks
  • What to do reactively if something does go wrong in your process


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Featured Speakers:

Matthew Yarbrough

Matthew Yarbrough
Trial Lawyer
Yarbrough Law Group PC

Matthew Yarbrough, is an internationally recognized trial lawyer, expert, and pioneer in the area of cyber law. He has more than 25 years experience providing legal expertise and lecturing in the areas of eDiscovery, data security, privacy, cyber crimes, and intellectual property. Yarbrough is a former assistant U.S. attorney (AUSA), law professor, and is currently in private practice.

As an AUSA with the Department of Justice (DOJ), Yarbrough served as head of the Cyber Crimes Task Force. He prosecuted the first data/voice wire-tap of a hacking in U.S. history known as the “Phonemasters” case. He was also lead prosecutor in the U.S. v. Tejas case, one of the largest-ever theft of trade secrets cases brought under the Economic Espionage Act. Yarbrough helped create the Regional Computer Forensics Laboratory for the FBI and DOJ in North Texas, still one of the largest computer forensics laboratories in the world. Yarbrough also helped establish the Texas Internet Bureau for then Attorney General John Cornyn of Texas, one of the first state Internet enforcement agencies.

Hon. Andrew J. Peck

Hon. Andrew J. Peck
United States Magistrate Judge
United States District Court, Southern District of New York

Magistrate Judge Andrew J. Peck was appointed United States Magistrate Judge for the Southern District of New York on February 27, 1995, and served as Chief Magistrate Judge in 2004-2005. Judge Peck is a frequent lecturer on issues relating to electronic discovery and is a member of the Sedona Conference and the Sedona Conference Judicial Advisory Board. Judge Peck also is a judicial observer to the Legal Tech Educational Advisory Board (2015 to present). He was awarded the Champion of Technology Award for 2011 by Law Technology News, the 2013 Judicial Leadership Award by the Electronic Discovery Institute ("EDI"), and honored by the American Lawyer as a Judicial EDiscovery Innovator (in Top 50 Innovators of the Last 50 Years).

Hon. Andrew J. Peck

Jeane A. Thomas
Co-Chair of E-Discovery and Information Management
Crowell & Moring

In her role with the E-Discovery practice, Ms. Thomas has managed many types of E-Discovery matters in both government investigations and private litigation. She regularly counsels clients on Information Governance issues, including the development and application of effective information management policies, legal hold practices, and E-Discovery response plans. Ms. Thomas is a participating member of the Sedona Conference Working Group 1 on Electronic Document Retention and Production, and Working Group 6 on International Electronic Information Management, Discovery and Disclosure. She is also a member of the Advisory Board and Faculty of the Georgetown University Law Center Advanced Institute for E-Discovery. She regularly speaks and writes on U.S. and transnational E-Discovery issues, and is a Certified Information Privacy Professional, with a focus on European regulation (CIPP/E). Ms. Thomas has been recognized by clients and peers as a top lawyer in Chambers Global and Chambers USA in the fields of E-Discovery and Antitrust.

Jennifer Bantelman

Jennifer Bantelman
Sr. Director of Product Management
Zapproved, Inc.

Jennifer has worked in software and technology for the past decade, and is currently the Sr. Director of Product Management at Zapproved, where she ensures products are designed to assist companies as they enhance their e-discovery processes through technology and workflow improvement. Jennifer is a content curator for the PREX Conference, and holds a Master's in Strategic Communications.

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