Eliza Davis, David Shonka, and Martin Tully will speak at the MER Conference, taking place on May 22-24, 2023, in Chicago, Illinois.

Eliza Davis will present “Yes, You May Be Your Service Provider’s Keeper - Vendor Audit and Oversight Obligations Under U.S. Data Privacy Rules.”  Eliza’s session will focus on new data privacy and cybersecurity rules requiring companies to actively monitor the data protection practices of vendors and service providers with whom they share personal or sensitive client data or risk being held responsible if a data breach or privacy violation exposes sensitive information entrusted to a vendor.  Topics include new contract review and oversight obligations and record keeping requirements, as well as information governance considerations for how companies track and document their monitoring and audit functions.

David Shonka will present “Proving Privilege - Must Organizations Maintain Certain Records to Support Future Claims of Attorney-Client Privilege or Work Product?”  The session will explore whether organizations should consider potential future privilege claims and identify and retain certain documents and information to support these claims.  Topics include privilege definitions in the context of litigation and investigations, proof of privilege and supporting documentation, practical strategies for protecting privilege, and implications of the U.S. Supreme Court ruling on claims of privilege for dual purposes communications.

Martin Tully will present “Now That I’ve Hooked a Fish, How Do I Get It into The Boat? Establishing the Authenticity and Admissibility of Short Form Messages and Collaboration App Evidence.”  Martin’s session will explore the evidentiary issues associated with the admissibility of electronically generated evidence, including information stored in collaboration apps.  Structured as a mock admissibility hearing, the panel will explore the unique challenges associated with collecting, preserving, and producing data associated with collaborative technology platforms and applications and identify practical strategies for the authentication and admission of this data into evidence.

Additional session information, including a complete conference schedule, is available here.