ACC’s 2008 Annual Meeting Informed. In-house. Indispensable. Tuesday, October 21 11:00 am-12:30 pm 506 Electronic Content Management Systems: Unravel the Mysteries Before You Speak to Vendors David N. Baumann Chief Executive Officer and General Counsel TechNexxus, LLC Jennifer K. Mailander Associate General Counsel Corporation Service Company Penny R. Phillips Corporate Counsel Pinnacle Partners in Medicine Larry L. Sharrar General Counsel Lockheed Martin Space Systems Co. Steve D. Whetstone Vice President Stratify, Inc. An Iron Mountain Digital Company This material is protected by copyright. Copyright © 2008 various authors and the Association of Corporate Counsel (ACC). Materials may not be reproduced without the consent of ACC. Reprint permission requests should be directed to ACC’s Legal Resources Department at ACC: 202/293-4103, ext. 338; [email protected] ACC's 2008 Annual Meeting Informed. In-house. Indispensable. Ms. Mailander currently does pro bono work with Delaware Volunteer Legal Services Faculty Biographies providing legal assistance to low-income clients. David N. Baumann Ms. Mailander received a BA from Miami University and is a graduate of the University of Dayton School of Law. David N. Baumann is general counsel and chief executive officer of TechNexxus, LLC in Potomac, Maryland. He also serves as general counsel and chief executive officer of Penny R. Phillips Infinite Multimedia Networkk, LLC and general counsel of Pathagoras Software, LLC. Mr. Baumann specializes in very large and creative multi-national business process, Penny R. Phillips is corporate counsel for Pinnacle Partners In Medicine, a physician information technology, and telecommunications transactions for a wide range of clients practice group in Dallas, Texas. Her responsibilities include technology law, transactional and technology vendors. He has also developed an array of systems with TechNexxus to matters, corporate governance, billing and compliance, human resources, intellectual support the management of contracts and vendor relationships. property, and other day-to-day operational concerns. Mr. Baumann previously served as vice president and general counsel of Technology Prior to joining Pinnacle, Ms. Phillips was technology lawyer and regional counsel for Partners, Inc., one of the leading information technology outsourcing-consulting firms. PBS&J, a Florida-based engineering company. During her tenure, she developed the Previously, Mr. Baumann was also a partner/member of DLA Piper, Winston & Strawn, company’s electronic records management system, served as legal advisor to the LB3, and Mintz, Levin, resident in the firms’ Washington offices, where he led the company’s Oracle implementation team, and was the project manager for various technology transactions and intellectual property groups. Before private legal practice software implementations, including a risk management information system and the and business and technology consulting, Mr. Baumann was senior attorney/division contract module of Documentum, an enterprise document management system. Ms. counsel for the southeast division of the MCI Communications Corporation. Throughout Phillips was also actively involved in the company’s implementation of Symantec Vault his career, Mr. Baumann has gained substantial experience designing, developing, and for e-mail management. Ms. Phillips was also general counsel for a seminar company in managing successful technology solutions, and profitable companies built on Florida. She also served as an Air Force JAG (a lawyer on active duty) and as an assistant standardized repeatable processes and innovative technologies. He also founded district attorney in West Texas. LexiComm Multimedia Works, LLC one of the first Internet development companies in the mid-Atlantic region, whose operations have been merged into the Infinite Multimedia Ms. Phillips serves on the Pro Bono committee for ACC’ss Dallas-Fort Worth chapter. Network. She is active with the Greyhound Adoption League of Texas, helping develop their database. Mr. Baumann is a widely known and respected speaker on outsourcing strategies and processes. Ms. Phillips received a BA, summa cum laude, from Lubbock Christian University and is a graduate of the Texas Tech University School of Law. Mr. Baumann earned his JD from Case Western Law School and his bachelor’s degree from the University of Rochester. Larry L. Sharrar Jennifer K. Mailander Larry L. Sharrar reports directly to information service & global services (IS & GS) vice president and general counsel in Gaithersburg, Maryland. A member of Lockheed Martin Jennifer K. Mailander is an associate general counsel and product manager for Mission Services (LMMS) president’s executive staff, Mr. Sharrar serves as the LMMS Corporation Service Company (CSC) in Wilmington, Delaware. Her responsibilities general counsel. In this capacity he manages and directs the legal health of $1.8 billion include providing legal counsel to the organization and managing product development per annum scientific and technical company. He personally manages all litigation on with CSC’s Enterprise Risk Management group. Ms. Mailander has extensive experience behalf of LMMS, provides labor and employment advice to the LMMS human resources in corporate and commercial law, compliance, and risk management. staff, provides direct support and assistance to business operations and business development including domestic and foreign joint ventures. He provides legal advice and Prior to joining CSC, Ms. Mailander was a legal consultant with LexisNexis and oversight on international business efforts in both Europe and Asia. corporate counsel for Siemen’s Building Technologies focusing on transactional work. She also worked as a senior regulatory attorney specialist for Fluor Daniel/FERMCO Previously, Mr. Sharrar served in the Air Force, primarily in the Judge Advocate specializing in environmental law. General’s Corp, and retired from the Air Force as a Lieutenant Colonel. After retiring, Mr. Sharrar served as vice president and general counsel of Barba-Arkhon International, 2 of 136 ACC's 2008 Annual Meeting Informed. In-house. Indispensable. Inc., and then he joined Lockheed Martin, where he served in a number of legal positions, before assuming his current position. He regularly participates in ACC sponsored pro-bono activities in the Denver and Colorado Springs area. Mr. Sharrar received a BS from United States Air Force Academy, an MS from the University of Tennessee and is a graduate of the University of Washington School of Law. Introduction Steve D. Whetstone Stephen D. Whetstone, is Stratify’s vice president, client development and strategy. Among other responsibilities, Mr. Whetstone is charged with keeping abreast of legal Penny Phillips developments affecting electronic discovery, working with law firms and general counsel to craft document retention and discovery best practices, and honing Stratify’s strategic position, services and product offerings in the legal market. Prior to joining Stratify, Mr. Whetstone was a litigation partner at Testa Hurwitz & Thibeault, LLP, one of Boston’s largest law firms, where he represented clients in Corporate Counsel securities class actions, government and internal investigations, patent and intellectual property matters, and other complex commercial litigation and at trial. Before joining Testa, Mr. Whetstone was a litigator at Skadden Arps. While practicing, Mr. Whetstone successfully handled many litigations and investigations that turned on analyzing large volumes of electronic data and evidence under tight time constraints. Prior to law school, Mr. Whetstone spent several years working in the political arena and with the media, including as chief of staff for Massachusetts State Senator (now Congressman) John W. Olver. Mr. Whetstone has written many articles and papers on electronic data and discovery issues, which have appeared in the National Law Journal, Legal Times, IP Litigator, Privacy Law Journal, Digital Discovery & E-Evidence, Industry Week, Mealey’s, and E-Discovery other prominent national publications. He is also a frequent speaker at national and international conferences and CLE programs on electronic discovery legal developments and best practices. Stephen Whetstone, Esq. Mr. Whetstone received his BA from Bates College and JD from Northeastern University School of Law. Vice President 3 of 136 ACC's 2008 Annual Meeting Informed. In-house. Indispensable. Historical Legal Data/ E-Discovery Buckets Industry Paradigm Consultants Products The “Big Four” (e.g., PwC) Preservation Global Litigation Management Archives (e.g., Iron Mountain) (e.g., Navigant) Live Monitoring (e.g., Orchestria) Forensic Accountants (e.g., BDO) Holds (e.g., PSS/Atlas) Information Lifecycle Companies Forensic Collections (e.g., Guidance) (e.g., Iron Mountain) Emerging Legal Data/ E-Discovery Buckets Industry Paradigm Automatic Scanning Searching concept organization Turned paper into OCR technology Documents electronic images automatically Keyword search Reduced huge sorted by subject Requires pre- number of boxes understanding of Search metadata Still required matter and content manual review Installable Early look at data universe and Installable systems adapt systems prioritize review ASP systems SaaS systems 1980s 1990s 2000s 4 of 136 ACC's 2008 Annual Meeting Informed. In-house. Indispensable. Trends in Electronic The Challenge: Reduce Discovery Source data The Legal Data Universe Automatic Scanning