Check-in, Light Breakfast in the Law School Atrium
8:00am – 9:00am
Introduction by Professor James Gibson, Associate
Dean for Academic Affairs and JOLT Faculty
Supervisor
9:00am – 9:15am
Philip J. Favro: “The Impact of Rules Changes on the Duty to Preserve Cloud, Mobile, and Social ESI”
9:15am – 9:45am
Timothy J. Toohey: “Beyond Technophobia:
Lawyers' Ethical and Legal Obligations to Monitor
Evolving Technology and Security Risks”
9:45am – 10:15am
Coffee Break
10:15am – 10:30am
Sharon D. Nelson & John W. Simek: “The Ethics of
Information Security”
10:30am – 11:30am
Craig Ball: “New and Emerging Sources of
Electronic Information”
11:30am – 12:15pm
Lunch Served in the Law School Atrium
12:15pm – 1:30pm

Panel: “Best Practices in e-Discovery: The Practical
Aspects,” with Craig Ball, Philip J. Favro, Dennis R.
Kiker, James A. Sherer, and Monica Bay as
Moderator
1:30pm – 2:30pm
Coffee Break
2:30pm – 2:45pm
Melinda McLellan & James Sherer: “You, Your
Mobile Device, and The World At Large - Data
Security, Privacy, and e-Discovery Considerations for Multinational BYOD Initiatives”
2:45pm – 3:15pm
Dennis R. Kiker & Michael Arnold: “The Big Data
Collection Problem of Little Mobile Devices”
3:15pm – 3:45pm
Antigone Peyton: “Kill the Dinosaurs, and Other
Tips for Achieving Technical Competence in Your
Law Practice”
3:45pm – 4:15pm
Concluding Remarks by Professor Christopher
Cotropia, Director of the Intellectual Property
Institute and JOLT Faculty Supervisor
4:15pm – 4:30pm
Reception in the Law School Atrium
4:30pm – 6:00pm

Michael Arnold is a Solutions
Program Manager with UnitedLex, a legal process solutions provider.
Michael has been the Director of
Litigation Technology at LeClair
Ryan’s Discovery Solutions Practice and with United Lex as part of their discovery practice in
Richmond, Virginia. He has over 22 years in
Information Technology experience and has been providing technical legal solutions for corporate and law-firm clients since 2004. Michael has been involved in all aspects of litigation including forensic collections, complex data analysis and presentation, and has attended more than 8 cases in various capacities in local state and federal court. Michael is now working on developing new technologies and solutions to help clients address the needs of the next e-Discovery legal challenges.
Craig Ball of Austin is a trial lawyer, computer forensic examiner, law professor, and noted authority on electronic evidence. He limits his practice to serving as a courtappointed special master and consultant in computer forensics and electronic discovery. He has also served as the Special Master or testifying expert in computer forensics and electronic discovery in some of the most challenging and celebrated cases in the United
States. A founder of the Georgetown University Law
Center e-Discovery Training Academy, Craig serves on the Academy's faculty and teaches Electronic Discovery and Digital Evidence at the University of Texas School of Law. For nine years, Craig penned the award-

winning “Ball in Your Court” column on electronic discovery for American Lawyer Media and now writes for several national news outlets. For his articles on electronic discovery and computer forensics, please visit www.craigball.com
or his blog, www.ballinyourcourt.com
.
Monica Bay is a fellow at Stanford
Law's CodeX (The Stanford Center for Legal Informatics) and a legal technology and media consultant.
She recently retired from ALM.
While at ALMshe served as editorin-chief of Law Technology
News for 17 years, was based in New York, and was a senior editor at San Francisco's The Recorder for 13 years. Her New York team has won 50 awards for editorial excellence. A frequent speaker, Bay has been quoted in numerous media, including The New York
Times. Long active in cyberspace, she helped The Late
Show with David Letterman establish its first website on
America Online. A member of the California bar, she lives in New York City and Lakeville, CT, and can often be found at New York Yankees games.
Philip J. Favro brings fifteen years of experience to his position as Senior
Discovery Counsel for Recommind, Inc.
Phil is a legal scholar and a thought leader on issues relating to the discovery process, the confluence of litigation and technology, and information governance. Phil’s expertise has been enhanced by his practice experience as a business litigation attorney in which he advised a variety of clients regarding complex discovery issues.

Phil is a member of the Utah and California bars. He is an active member of the American Bar Association, contributes to Working Group 1 of The Sedona
Conference, and leads the faculty advisory board for the
Coalition of Technology Resources for Lawyers
(CTRL).
Dennis R. Kiker is a consultant with
Granite Legal Systems, working with law firms and commercial enterprises to develop efficient, defensible solutions to discovery challenges, from extraction and transformation of structured data from enterprise systems for use in litigation, to developing complete discovery response program. Mr. Kiker also guides companies in the development and execution of information governance strategies, including data remediation and information mapping. Prior to joining
Granite Legal Systems, Mr. Kiker worked with corporations to facilitate and improve information management and discovery response capabilities, through the development and enhancement of internal and external business and legal processes, and by facilitating defensible response to demands for information. His extensive experience in the field of e-
Discovery includes management of discovery response and document review projects for Fortune 1000 companies, including the identification, preservation, collection, and production of information.
Melinda L. McLellan is Counsel in the New York office of
BakerHostetler, where she advises clients on complex privacy, cybersecurity, and information

management issues as a member of the firm’s national
Privacy and Data Protection team. Melinda regularly counsels companies across multiple industry sectors on a broad range of privacy and security matters, including by advising on how to respond to data security incidents and related regulatory inquiries, creating and implementing internal privacy and security policies and employee training programs, and working with marketing teams to develop innovative and compliant new media campaigns. Melinda is a 2005 graduate of
Harvard Law School where she served as Executive
Editor of the Harvard International Law Journal . New
York Super Lawyers has selected Melinda as a “Rising
Star” for the past three years in a row.
Sharon D. Nelson , Esq., is the President of Sensei Enterprises, Inc., a digital forensics, information security and information technology firm in Fairfax,
Virginia. Ms. Nelson is the author of the noted electronic evidence blog, Ride the
Lightning and is a co-host of the Legal
Talk Network podcast series called “ The Digital Edge:
Lawyers and Technology ” as well as “ Digital
Detectives .” She is a frequent author (eleven books published by the ABA and hundreds of articles) and speaker on legal technology, information security, and electronic evidence topics. She was the President of the
Virginia State Bar June 2013 – June 2014 and currently serves as the President of the Fairfax Law Foundation.
She may be reached at snelson@senseient.com
Antigone Peyton is the founder and CEO of Cloudigy Law, an
Intellectual Property and

technology law firm in McLean, VA. Before Cloudigy, she managed the electronic litigation group at Finnegan,
Henderson, Farabow, Garrett & Dunner LLP, in
Washington, DC. Antigone is an unabashed technophile focused on IP litigation and cutting-edge legal issues involving patents, trademarks, copyrights, and trade secrets. A longstanding member of The Sedona
Conference Working Group 1 (electronic document retention and production), Antigone is a frequent speaker and lecturer on law and technology issues involving IP, social media, cloud computing, big data, and e-
Discovery and a technology panelist for
EmeraldPlanetTV. She is currently piloting a
STEMpreneur program that pairs middle school students with professors, engineers, entrepreneurs, and technology lawyers to develop innovations and train the next generation of scientists and tech business leaders.
Antigone has been recognized among the Virginia Legal
Elite for her work involving Intellectual Property and was honored with an Influential Women of Virginia award in 2014 for outstanding efforts in law and her community contributions. You can follow Antigone on
Twitter @antigonepeyton, or connect with her on
LinkedIn.
James A. Sherer is Counsel in the
New York office of BakerHostetler, where he co-chairs the Information
Governance practice team. His work focuses on litigation; discovery management processes; records and information management governance; data privacy, security, and bank secrecy; technology integration issues; and related merger & acquisition diligence. Prior to joining BakerHostetler, James worked as in-house litigator with a Fortune 500 company and previously

practiced litigation in New York. He holds CIPP/US and CIPM credentials, is a member of The Sedona
Conference® Working Groups One and Six, and writes and presents on e-discovery, information governance, privacy, and merger & acquisition issues.
John W. Simek is the Vice President of
Sensei Enterprises, Inc., an information technology, digital forensics, and information security firm located in
Fairfax, VA. Mr. Simek has a national reputation as a digital forensics technologist and has testified as an expert witness throughout the United
States. He holds a degree in engineering from the
United States Merchant Marine Academy and an MBA in finance from Saint Joseph’s University.
Mr. Simek holds the prestigious Certified Information Systems
Security Professional (CISSP) and EnCase Certified
Examiner (EnCE) certifications. He currently provides information technology support to over 220 area law firms, legal entities, and corporations. He is a co-host of the Legal Talk Network podcast Digital Detectives. He is a frequent author (twelve books published by the ABA and hundreds of articles) and speaker on legal technology, information security, and electronic evidence topics. He may be reached at jsimek@senseient.com.
Timothy J. Toohey is a United States
Certified Information Privacy
Professional (CIPP/US), a European
Union Certified Information Privacy
Professional (CIPP/EU), and a Certified
Information Privacy Manager (CIPM).
His practice concentrates on privacy and

data protection matters, as well as intellectual property and technology litigation. Tim has handled a variety of privacy and data protection matters, including advice and litigation regarding federal and state laws. Tim has also dealt with international privacy and security issues, including compliance with European Union data protection and privacy directives and the proposed EU data protection regulation. Tim’s experience includes trial and arbitration of trademark, design patent and copyright infringement matters, as well as licensing and trade secret disputes. He has been involved in several high profile anti-counterfeiting and infringement cases for consumer products and intellectual property matters involving the entertainment industry. In his spare time,
Tim enjoys exploring new technologies as well as more analog pursuits, such as gardening, architecture, and classical music. He has lectured at UCLA as an adjunct in the History Department teaching courses on U.S. constitutional and legal history and has been a guest lecturer in courses on the protectability of cinematic characters, including James Bond, under U.S. copyright law. Tim has spoken and written widely on privacy, data security, technology, and intellectual property matters. He is the author of Understanding Privacy and
Data Protection: What You Need to Know, a comprehensive book published by Thomson Reuters in
February 2014 that addresses the trends impacting data privacy and security in the age of online behavioral advertising and social networks. To provide leading information and updates on important changes in the cyber, privacy, and data security arena, Tim is also the editor of the Cyber, Privacy and Data Security website http://www.privacydatasecurity.com.

Richmond Journal of Law & Technology Volume XXI, Issue 3
A
NNUAL
S
URVEY
Forthcoming Articles
1.
K ILL THE D INOSAURS , AND O THER T IPS FOR A CHIEVING
T ECHNICAL C OMPETENCE IN Y OUR L AW P RACTICE
By: Antigone Peyton
2.
T HE N EW ESI S ANCTIONS F RAMEWORK U NDER THE
P ROPOSED R ULE 37( E ) A MENDMENTS
By: Philip J. Favro
3.
B EYOND T ECHNOPHOBIA : L AWYERS
’ E THICAL AND
L EGAL O BLIGATIONS TO M ONITOR E VOLVING
T ECHNOLOGY AND S ECURITY R ISKS
By: Timothy J. Toohey
4.
T HE B IG D ATA C OLLECTION P ROBLEM OF L ITTLE
M OBILE D EVICES
By: Michael Arnold & Dennis R. Kiker
5.
W HEREVER Y OU G O , T HERE Y OU A RE (W ITH Y OUR
M OBILE D EVICE ): A N E XAMINATION OF P RIVACY R ISKS
AND L EGAL C OMPLEXITIES A SSOCIATED WITH C ROSS -
B ORDER
“B
RING Y OUR O WN D EVICE
” P ROGRAMS
By: Melinda L. McLellan, James A. Sherer, & Emily
R. Fedeles