Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 987

Administrative Motion to File Under Seal filed by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Attachments: #1 Proposed Order Granting Motion to Seal, #2 Declaration of Daniel Shim in Support of Motion to Seal, #3 Samsung's Opposition to Apple's Motion for Adverse Inference Jury Instructions, #4 Declaration of Thomas Watson, #5 Exhibit 1 to Watson, #6 Exhibit 2 to Watson, #7 Exhibit 3 to Watson, #8 Exhibit 4 to Watson, #9 Exhibit 5 to Watson, #10 Exhibit 6 to Watson, #11 Exhibit 7 to Watson, #12 Exhibit 8 to Watson, #13 Exhibit 9 to Watson, #14 Exhibit 10 to Watson, #15 Exhibit 11 to Watson, #16 Exhibit 12 to Watson, #17 Exhibit 13 to Watson, #18 Exhibit 14 to Watson, #19 Exhibit 15 to Watson, #20 Exhibit 16 to Watson, #21 Exhibit 17 to Watson, #22 Exhibit 18 to Watson, #23 Exhibit 19 to Watson, #24 Exhibit 20 to Watson, #25 Exhibit 21 to Watson, #26 Exhibit 22 to Watson, #27 Exhibit 23 to Watson, #28 Exhibit 24 to Watson, #29 Exhibit 25 to Watson, #30 Exhibit 26 to Watson, #31 Exhibit 27 to Watson, #32 Exhibit 28 to Watson, #33 Exhibit 29 to Watson, #34 Exhibit 30 to Watson, #35 Exhibit 31 to Watson, #36 Exhibit 32 to Watson, #37 Exhibit 33 to Watson, #38 Declaration of Sara Jenkins, #39 Declaration of Alex Binder, #40 Exhibit 1 to Binder, #41 Exhibit 2 to Binder, #42 Exhibit 3 to Binder, #43 Exhibit 4 to Binder, #44 Declaration of Hankil Kang, #45 Declaration of Don Joo Lee, #46 Declaration of Giho Ro, #47 Declaration of Han-Yeol Ryu, #48 Declaration of Heontae Son, #49 Declaration of Ioi Lam, #50 Declaration of Jong Dae Park, #51 Declaration of Joo Hyuk Kang, #52 Declaration of Kang Hyun Lee, #53 Declaration of Min Cheol Shin, #54 Declaration of Minhyouk Lee, #55 Declaration of Nara Cho, #56 Declaration of Se-Hyun Cho, #57 Declaration of Sungsik Lee, #58 Declaration of Won Pyo Hong, #59 Declaration of Wooup Kwon, #60 Declaration of Young-jo Lim, #61 Declaration of YoungSoon Lee, #62 Declaration of Kyu Hyuk Lee, #63 Declaration of Michael Finnegan, #64 Declaration of Byungil Kim, #65 Declaration of M. James Daley, #66 Declaration of Raymond Warren, #67 Proposed Order Denying Apple's Motion for Adverse Inference Jury Instructions)(Maroulis, Victoria) (Filed on 5/29/2012)

PUBLIC REDACTED VERSION

CONTAINS HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY INFORMATION
PURSUANT TO PROTECTIVE ORDER
Appendix A to Declaration of M. James Daley
1.

Apple Inc.’s Motion for Adverse Inference Jury Instructions Due to Samsung’s
Spoliation of Evidence

2.

Declaration of Esther Kim in Support of Apple Inc.’s Motion for Adverse Inference Jury
Instructions Due to Samsung’s Spoliation of Evidence, including Exhibits 1 to 35

3.

Samsung’s Opposition to Apple Inc.’s Motion for Adverse Inference Jury Instructions
Due to Samsung’s Spoliation of (redacted for information Apple Inc. designated
confidential)

4.

Samsung’s Appendix in Support of the Opposition to Apple Inc.’s Motion for Adverse
Inference Jury Instructions Due to Samsung’s Spoliation of Evidence

5.

Excerpts from the February 10, 2012 Deposition of Kyu Hyuk Lee as Samsung
Electronics Co., Ltd.’s 30(b)(6) deponent in Certain Electronic Digital Media Devices
and Components Thereof, Investigation No. 337-TA-796

6.

March 8, 2012 Deposition of Kyu Hyuk Lee as Samsung Electronics Co., Ltd.’s 30(b)(6)
designee in Apple, Inc. v. Samsung Electronics Co., Ltd. et al., Case No. 11-CV-01846LHK, Northern District of California

7.

Order No. 19, Certain Electronic Digital Media Devices and Components Thereof,
Investigation No. 337-TA-796

8.

Samsung’s Third Supplemental and Amended Identification of Custodians, Litigation
Hold Notices and Search Terms, including Exhibits A to AA.

9.

Declaration of Hankil Kang in Support of Opposition to Apple Inc.’s Motion for Adverse
Inference Jury Instructions Due to Samsung’s Spoliation of Evidence

10.

Declaration of Byungil Kim in Support of Opposition to Apple Inc.’s Motion for Adverse
Inference Jury Instructions Due to Samsung’s Spoliation of Evidence

11.

Declaration of Young-jo Lim in Support of Opposition to Apple Inc.’s Motion for
Adverse Inference Jury Instructions Due to Samsung’s Spoliation of Evidence

12.

Declaration of Giho Ro in Support of Opposition to Apple Inc.’s Motion for Adverse
Inference Jury Instructions Due to Samsung’s Spoliation of Evidence

13.

Declaration of Han-Yeol Ryu in Support of Opposition to Apple Inc.’s Motion for
Adverse Inference Jury Instructions Due to Samsung’s Spoliation of Evidence

14.

Declaration of Heontae Son in Support of Opposition to Apple Inc.’s Motion for Adverse
Inference Jury Instructions Due to Samsung’s Spoliation of Evidence

1

CONTAINS HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY INFORMATION
PURSUANT TO PROTECTIVE ORDER
15.

Declaration of Se-Hyun Cho in Support of Opposition to Apple Inc.’s Motion for
Adverse Inference Jury Instructions Due to Samsung’s Spoliation of Evidence

16.

Declaration of Nara Cho in Support of Opposition to Apple Inc.’s Motion for Adverse
Inference Jury Instructions Due to Samsung’s Spoliation of Evidence

17.

Declaration of Michael Finnegan in Support of Opposition to Apple Inc.’s Motion for
Adverse Inference Jury Instructions Due to Samsung’s Spoliation of Evidence

18.

Declaration of Woo-up Kwon in Support of Opposition to Apple Inc.’s Motion for
Adverse Inference Jury Instructions Due to Samsung’s Spoliation of Evidence

19.

Declaration of Ioi Lam in Support of Opposition to Apple Inc.’s Motion for Adverse
Inference Jury Instructions

20.

Declaration of Don Joo Lee in Support of Opposition to Apple Inc.’s Motion for Adverse
Inference Jury Instructions Due to Samsung’s Spoliation of Evidence

21.

Declaration of Kang Hyun Lee in Support of Opposition to Apple Inc.’s Motion for
Adverse Inference Jury Instructions Due to Samsung’s Spoliation of Evidence

22.

Declaration of Kyu Hyuk Lee in Support of Opposition to Apple Inc.’s Motion for
Adverse Inference Jury Instructions Due to Samsung’s Spoliation of Evidence

23.

Declaration of Minhyouk Lee in Support of Opposition to Apple Inc.’s Motion for
Adverse Inference Jury Instructions Due to Samsung’s Spoliation of Evidence

24.

Declaration of Sungsik Lee in Support of Opposition to Apple Inc.’s Motion for Adverse
Inference Jury Instructions Due to Samsung’s Spoliation of Evidence

25.

Declaration of Min Cheol Schin in Support of Opposition to Apple Inc.’s Motion for
Adverse Inference Jury Instructions Due to Samsung’s Spoliation of Evidence

26.

Declaration of YoungSoon Lee in Support of Opposition to Apple Inc.’s Motion for
Adverse Inference Jury Instructions Due to Samsung’s Spoliation of Evidence

27.

Declaration of Jong-Dae Park in Support of Opposition to Apple Inc.’s Motion for
Adverse Inference Jury Instructions Due to Samsung’s Spoliation of Evidence

28.

Declaration of Alex Binder in Support of Opposition to Apple Inc.’s Motion for Adverse
Inference Jury Instructions, including only Exhibit 1 (declaration redacted for
information Apple Inc. designated confidential)

29.

Declaration of Sara Jenkins in Support of Opposition to Apple Inc.’s Motion for Adverse
Inference Jury Instructions Due to Samsung’s Spoliation of Evidence

30.

Declaration of Raymond Warren in Support of Opposition to Apple Inc.’s Motion for
Adverse Inference Jury Instructions

2

CONTAINS HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY INFORMATION
PURSUANT TO PROTECTIVE ORDER
31.

MOSAID Technologies, Inc. v. Samsung Electronics Co., Ltd., 348 F. Supp. 2d 332
(D.N.J. 2004)

32.

FTC v. Lights of America, 2012 WL 695008 (C.D. Cal. 2012)

33.

Fractus v. Samsung Electornics Co., Ltd., 6:09-cv-203-LED, Hearing Tr. 5/20/11 p.m.,
pp. 98-100

34.

Other Legal Authorities

3

CURRICULUM VITAE
M. JAMES DALEY
Daley & Fey LLP
5750 W. 95th St. Suite 310
Overland Park, KS 66207
[phone]
[e-mail]
www.daleylegal.com
M. James “Jim” Daley, Esq., CIPP/US is co-founder of
Daley & Fey LLP, a boutique law firm devoted to helping
clients reduce legal risk, contain costs, and ensure
compliance with records management, electronic
discovery and data privacy obligations. Jim combines
his over thirty years of complex litigation experience,
his Masters Degree in Information Systems and his CIPP
privacy certification to help global clients develop
practical solutions to records management, electronic
discovery and data privacy compliance challenges.
Jim serves as a trusted advisor for a wide variety of Fortune 500 clients, as was
profiled in 2010 by The American Lawyer as “Who You Gonna Call” for national
coordinating e-discovery counsel. Jim is also frequently selected as an Independent
Expert by courts, clients and other counsel to evaluate corporate e-discovery,
records management and data privacy conduct. Jim was also selected as a Missouri
& Kansas Super Lawyer® in 2011. Super Lawyers® identifies the top five percent
of lawyers, as chosen by their peers.
Jim and his team help clients develop and implement process and technology
solutions including: data privacy and security controls; disposition of legacy
electronic media and print information; e-mail archiving and electronic records
management solutions; legal hold management and compliance monitoring
solutions; RIM policy and procedure; RIM and legal hold training; U.S. and global
records retention schedules; selection of preferred vendor panels; and litigation and
regulatory compliance readiness programs, among others. Jim also helps global
companies successfully navigate the risk and costs of cross-border transfers of data
in business, legal and regulatory contexts, as well as cloud computing, social
networking and other emerging technologies.
Jim is a frequent author and speaker on records management, e-discovery and data
privacy issues. His service and publications include: Co-Chair of The Sedona
Conference® Working Group Six on International Electronic Information
Management, Discovery and Disclosure (2005-2012); Senior Editor of “The Sedona
Conference® International Principles on Discovery, Disclosure and Data

Curriculum Vitae: M. James Daley
May 1, 2012
Page 2
Protection” (2012); Author of “Information Age Catch 22: The Challenge of
Technology to Cross-Border Disclosure and Data Privacy,” 11 Sedona Conf. J. 121
(Fall 2011); Contributing Author of the first German-language treatise on ediscovery: “E-Discovery im internationalen Rechtstriet und Datenschutz,” Erich
Schmidt Verlag, Berlin (2011); Editor-in-Chief of “The Sedona Conference®
Framework for Analysis of Cross-Border Discovery Conflicts: A Practical Guide
to Navigating the Competing Currents of International Data Privacy and EDiscovery” (2008); Senior Editor of “The Sedona Conference® Best Practices
Commentary on the Use of Search and Information Retrieval Methods in EDiscovery” (2007); and Co-Editor of “The Sedona Conference® Best Practice
Guidelines and Commentary for Managing Information in the Electronic Age”
(2005), among others.

Education
J.D., University of Iowa
M.M.I.S. (Masters of Management Information Systems), Friends University
B.A., Creighton University

Professional and Technical Certifications
Certified Information Privacy Professional (CIPP-US) — International Association of
Privacy Professionals (IAPP)
Microsoft NTFS Server Administration
Novell Network Administration
Informix Enterprise Database Programming

Professional Associations
x
x
x
x
x
x

Co-Chair, The Sedona Conference® Working Group on International
Electronic Information Management, Discovery and Disclosure (2005-2012)
Charter Member, The Sedona Conference® Working Group on Electronic
Document Retention and Production (WG1) (2002-2012)
Georgetown University Law Center Advanced e-Discovery Institute (20032012)
International Association of Privacy Professionals (IAPP)
ARMA International Member, The Sedona Conference® Working Group on
Electronic Document Retention and Production (2002-2012)
Co-Chair, The Sedona Conference® Search and Retrieval Sciences Group

Curriculum Vitae: M. James Daley
May 1, 2012
Page 3
Bar Admissions
State of Kansas
State of Missouri
State of Iowa
State of Nebraska (inactive)
United States District Court, District of Kansas
United States Eighth Circuit Court of Appeals

Languages
German

Selected Publications
1)

Senior Editor, “The Sedona Conference® International Principles on Discovery,
Disclosure & Data Protection,” December 2011.

2)

Author, “Information Age Catch 22: The Challenge of Technology to CrossBorder Disclosure & Data Privacy”, The Sedona Conference Journal®”, Volume
12, Fall 2011.

3)

Co-Author, “Managing an HSR ‘Second Request:’ Millions of Documents in Little
More than a Month,” Scott Woodworth, Digital Discovery & E-Evidence, Vol.
11, No. 14, July 7, 2011.

4)

Contributing Author, “E-Discovery in International Litigation and Privacy (EDiscovery im internationalen Rechtsstreit und Datenschutz),” Erich Schmidt
Verlag, Berlin, February 2011.

5)

Co-Author, “The Practical Management of Electronic Evidence (United States
of America),” Chapter 7, Electronic Evidence, Lexis Nexis, (2nd Ed. 2010).

6)

Author, “Catch 22 Revisited: Recent Developments in Cross-Border Discovery &
Data Privacy,” The Sedona Conference International Programme on CrossBorder eDiscovery & Data Privacy,” Washington, D.C., September 15, 2010.

7)

Author, “Exploring Data Loss Prevention Systems for Legal Holds and EDiscovery,” ARMA International, Information Management,
September/October 2010.

8)

Author, “European privacy regulators investigate “tagging” features of
Facebook and Google,” Georgetown Law E-Discovery Web Archive, March 24,
2010.

Curriculum Vitae: M. James Daley
May 1, 2012
Page 4
9)

Quoted, “Anonymisation, the Hague Convention and US judicial notice of EU
privacy protection,” The e-Disclosure Information Project, March 2, 2010.

10)

Author, “Privacy Convictions for Google Executives highlights need for Ongoing
EU-US Dialogue on Data Privacy & Protection,” Georgetown Law E-Discovery
Web Archive, March 1, 2010.

11)

Quoted, “Sedona Conference® WG6 presentation to Article 29 Working Party
in Brussels,” The e-Disclosure Information Project, February 16, 2010.

12)

Co-Editor, “The Sedona Conference® International Overview of Discovery,
Data Privacy & Disclosure Requirements,” (2009 to present).

13)

Author, “2009 U.S. and EU Conference on Cross Border Data Flows, Data
Protection & Privacy,” Georgetown Law E-Discovery Web Archive, December
11, 2009.

14)

Author, “International Clash of Cultures and Law: Cross-Border E-Discovery,”
Georgetown Law E-Discovery Web Archive, December 4, 2009.

15)

Author, “A Call to Dialogue: EU Article 29 Data Protection Working Party
Document 158 on Discovery for Cross-Border Civil Litigation,” Georgetown
Law E-Discovery Web Archive, November 10, 2009.

16)

Co-Author, “Seventh Circuit Puts Legs on the Sedona Conference® Corporation
Proclamation”, Georgetown Law E-Discovery Blog, posted November 6, 2009.
http://mirror.law.georgetown.edu/cleblog

17)

Co-Author, “International Restrictions on Releasing Personal Information What Steps Your Company Needs to Consider,” The Corporate Counselor,
Volume 24, No. 6, October 2009.

18)

Co-Editor-in-Chief, ““The Sedona Conference® Framework for Analysis of
Cross-Border Discovery Conflicts: A Practical Guide To Navigating The
Competing Currents Of International Data Privacy And E-Discovery,” August
2008.

19)

Co-Editor, “The Sedona Conference® Guidelines: Best Practice Guidelines &
Commentary for Managing Information & Records in the Electronic Age,” (Pike
& Fischer) 2005.

20)

Contributing Author, “The Sedona Conference® Principles: Best Practices
Recommendations & Principles for Addressing Electronic Document
Production.” January 2004.

Curriculum Vitae: M. James Daley
May 1, 2012
Page 5
Selected Presentations
1)

Speaker, “eDiscovery Passports and International eDiscovery in US Courts,”
ESIBytes Podcast, April 19, 2012.

2)

Speaker, “Recent Legal Developments Impacting Records Management” and
“Records Management Strategies to Contain Litigation Risk and Cost,” ARMA
Nebraska Spring Seminar, April 18, 2012, Omaha, Nebraska.

3)

Speaker, “Vie Privée, Privacidad, Privatsphäre, Privacy: EU Privacy Updates
and Other Developments” Exterro Webcast, March 15, 2012.

4)

Speaker, “An International View of E-Discovery,” ACEDS Webinar, March 09,
2012.

5)

Moderator, “eDiscovery Across Many Jurisdictions," Georgetown Corporate
Counsel International Institute, March 8-9, 2012, Arlington, Virginia.

6)

Speaker, “Top 5 Ethical Concerns for Lawyers in eDiscovery,” Legal Tech
2012, January 30-February 1, 2012, New York, New York.

7)

Panelist, "European Data Protection: Coming of Age – E-Discovery Track,"
Computers, Privacy & Data Protection 5th International Conference, January
25-27, 2012, Brussels, Belgium.

8)

Panelist, “Cross Border Discovery & Data Privacy”, 7th Annual Meeting of the
American College of Business Court Judges, Fairfax, Virginia, 4-6 December,
2011.

9)

Moderator, “Pragmatic Practices for Resolving e-Discovery Cross-Border
Conundrums”, 8th Annual Advanced E-Discovery Institute; Making the Case:
Developing Legally Defensible e-Discovery Best Practices, Georgetown CLE,
17-18 November, 2011, Arlington, Virginia.

10)

Co-Chair, “Digital Evidence and E-Forensics Track,” Second Annual World
Congress on Forensics, Chongqing, China, 15-18 October, 2011.

11)

Moderator, “Dealing with Challenges of Legal Holds: Pension Committee,
Rimkus & Progeny,” Executive Counsel Institute’s E-Discovery for the
Corporate Market, Houston, Texas, 22-23 September, 2011.

12)

Speaker, “Privacy, Confidentiality and Privilege Issues in e-Discovery,” The
Ontario e-Discovery Institute: e-Discovery for All Cases and All Lawyers,
Toronto, Canada, 19 September, 2011.

Curriculum Vitae: M. James Daley
May 1, 2012
Page 6
13)

“Recent Developments in Privacy Regulation,” “Preservation & Transfers of
Data in Dispute Resolution Cross-Border & Onward,” “Practical Application of
The Sedona Conference® International Principles for Cross-Border Discovery &
Data Privacy,” Third Annual Sedona Conference International Program on
Cross-Border eDiscovery & Data Privacy, Lisbon, Portugal, 22-23 June, 2011.

14)

“Managing Personal Data in International Records Management, Discovery &
Transfer.” MER Conference. Chicago, IL. 24 May, 2011.

15)

“E-Discovery and Ethics.” CEIC Conference. Orlando, FL. 18 May, 2011.
Conference Presentation.

16)

“Reducing Legal Cost and Risk Through Legacy Data Management," D4
Webinar. 12 May 2011. Seminar Presentation. Privacy Alert: Taking Action
to Ensure Data Security. “Data Privacy Meets Records Management,”
“Technology Issues for Today’s Records Management, “ “Technology Solutions
for Today’s Records Management,”“Information Governance in the Digital Age.”
GKC ARMA Spring Seminar. Kansas City, MO. 11 May, 2011. Seminar
Presentation.

17)

”Social Media – Discovery Friend or Foe?” National Webcast and Podcast. 16
February 2011. Seminar Presentation.

18)

“E-Discovery and Privacy Trends in Social Media and Cloud Computing.” Legal
Tech 2011, New York, NY. 31 January 2011. 2 February 2011. Conference
Presentation.

19)

“U.S. Data Privacy and E-Discovery and Effective Use of ESI – Depos, Hearings
and Trials,” Thomson Reuters 14th Annual Electronic Discovery and Records
Retention Conference. San Francisco, CA. 1-2 December 2010. Chicago, IL. 45 November 2010. New York, NY. 13-14 October 2010. Conference
Presentation.

20)

"Recent Developments in Cross-Border Discovery & Data Privacy." "Challenges
& Opportunities Presented by Advances in Technology." "The Sedona
Conference® Guidelines & Best Practices for Cross-Border Discovery, Data
Processing & Transfer." Second Annual Sedona Conference® International
Programme on Cross-Border eDiscovery & Data Privacy. Washington D.C. 1516 September 2010. Conference Co-Chair and Panelist.

21)

"Deal with Challenges of Litigation Holds: Pension Committee & Progeny."
"Recognize and Reconcile the Tensions between Inside and Outside Counsel."
Executive Counsel Institute's E-Discovery for the Corporate Market. Chicago,
IL. 2-3 August 2010.

Curriculum Vitae: M. James Daley
May 1, 2012
Page 7
22)

“International E-Discovery: Data Protection, Privacy & Cross-Border Issues.”
CEIC Conference. Summerlin, NV. 26 May 2010.

23)

“Document Management & Litigation Risk in the Age of E-Discovery:
Cautionary Tales & the Road Ahead.” ARMA, Omaha, NE. 12 May 2010.

24)

"Cross-Border eDiscovery and Data Privacy," European Union Article 29
Working Party, Plenary Session. Brussels, Belgium, 16 February 2010.

25)

“Form of Production and Forensic Inspection” “Preservation,” The Sedona
Conference® eDiscovery Dispute Resolution Program for Special Masters &
Mediators. Phoenix, AZ. 28-29 January 2010.

26)

“Electronic Discovery in Civil Litigation and Cross Border Data Flows – Is it
Time for a Framework of Cooperation?” Across the Divide: Successfully
Navigating Safe Harbor – The 2009 Conference on Cross Border Data Flows &
Privacy. Washington D.C. 18 November 2009.

27)

“Clash of Laws and Cultures: Cross Border E-Discovery and International Data
Management.” 6th Annual Advanced E-Discovery Institute: Identifying Today’s
Problems & Tomorrow’s Solutions. Washington D.C. 12 November 2009.

28)

“Process and Project Management: Are You Ready?” 13th Annual Electronic
Discovery and Records Retention Conference. Chicago, IL. 5 November 2009.

29)

“Process and Project Management: Are You Ready?” 13th Annual Electronic
Discovery and Records Retention Conference. New York, NY. 7 October 2009.

30)

“International E-Discovery: Stranger in a Strange Land.” 13th Annual
Electronic Discovery and Records Retention Conference. New York, NY. 8
October 2009.

31)

“Key Legal & Cultural Challenges to Cross-Border eDiscovery, eDisclosure &
Data Transfers.” The Sedona Conference®. Barcelona, Spain. 10-11 June
2009.

32)

“The Sedona Framework for Analysis of Cross-Border Discovery Conflicts: A
Practical Guide to Navigating the Competing Currents of International Data
Privacy and Discovery.” The Sedona Conference®. Barcelona, Spain. 10 June
2009.

33)

“Butter and Jam on that Toast? Turning your Records Management Adversity
into Opportunity.” National Conference on Managing Electronic Records.
Chicago, IL. 18 May 2009.

Curriculum Vitae: M. James Daley
May 1, 2012
Page 8
34)

“T4-Email Management: Successes, Failures and Compromises.” National
Conference on Managing Electronic Records. Chicago, IL. 17 May 2009.

35)

“E-Discovery in the United States. What are the current rules for E-Discovery in
the United States: The Sedona Conference and recent decisional law.” DRI
Seminar – Culture Clash!: Data Protection, Freedom of Information and
Discovery, How to Protect Your Business in Transnational Disputes.” Munich,
Germany. 13 May 2009.

36)

“Privacy and Data Security in the US", Electronic Discovery Seminar.”
Presented by DRI’s Electronic Discovery Committee. New York, NY. 7 May
2009.

37)

“Getting Ahead of the eDiscovery Curve: Strategies to Reduce Costs & Meet
Judicial Expectations.” The Sedona Conference® Institute. Philadelphia, PA.
26-27 March 2009.

38)

“International, Part I: The Perils and Pitfalls of Transnational Electronic
Discovery.” “Reacting to the Changing American Workforce and Workplace,
Part II: Reconciling the Generational Divide, Cultural Diversity & Religious
Issues.” Georgetown’s 13th Annual Corporate Counsel Institute. Washington
D.C. 12-13 March 2009.

39)

“Navigating the Rapids of International E-Discovery.” BNA. 9 March 2009.
National Podcast.

40)

“International Issues in E-Discovery.” Georgetown E-Discovery Training
Academy. Washington D.C. 12 February 2009.

41)

“Containing E-Discovery Costs: Corporate Legal Department vs. Law Firm
Perspectives.” “Differing Perspectives on Emerging E-Discovery & Technology
Issues.” Legal Tech 2009 by ALM Events. New York, NY. 3 February 2009.

42)

“E-Discovery Strategies: Current Issues in Records Management, Litigation,
Government Inquiries, and Ethics.” ALI-ABA Video Webcast Conference.
Washington D.C. 26-27 January 2009.

43)

“International Issues Affecting E-Discovery.” Georgetown CLE Advanced EDiscovery Institute. Arlington, VA. 18 November 2008.

44)

“Privacy et. al.- eDiscovery for Transnational Organizations.” CA World. Las
Vegas, NV. 18 November 2008.

45)

“Electronic Document Retention and Production.” The Sedona Conference®
Annual Working Group 1 Conference. Rancho Mirage, CA. 12 November 2008.

Curriculum Vitae: M. James Daley
May 1, 2012
Page 9
46)

“E-Discovery and Data Protection Workshop.” Center for Applied
Cybersecurity Research at Indiana University and the Centre for Information
Policy Leadership. Brussels, Belgium. 22 October 2008.

47)

“Annual Safe Harbor Conference between the European Union Article 29
Working Party on Data Protection and the U.S. Department of Commerce.”
Brussels, Belgium. 21 October 2008.

48)

“Electronic Information Security and Privacy.” International Legal Technology
Association (ILTA) Conference. Dallas, TX. 25 August 25 2008.

49)

“The Sedona Conference® Guidelines Commentary on Cross-Border Discovery
Conflicts.” August 2008. National Webcast.

50)

“Sedona Update: Understanding Defensible Search & Retrieval Methods.” Fios,
Inc. 17 July 2008. National Webcast.

51)

“Catch 22: Cross-Border E-Discovery Conflicts,” New South Wales Society for
Computers and the Law. Sydney, Australia. 7 July 2008.

52)

“Cross-Border E-Discovery Issues: Australia and the U.S.,” Association of Legal
Support Managers for the State of Victoria. Melbourne, Australia. 1 July
2008.

53)

“ “Catch 22: Navigating Cross Border Conflicts Between Electronic Discovery
and Data Privacy.” The Australasian Institute of Judicial Administration.
Sydney, Australia. 26 June 2008.

54)

“Ethical Considerations in Electronic Discovery,” “Electronic Discovery and
Document Storage: Management and Litigation Issues in Missouri and Kansas.”
Lorman Education Services. Kansas City, MO. June 2008.

55)

“Why Digital Information is Different.” E-Discovery: An A-Z Workshop. West
Legalworks. St. Louis, MO. June 2008.

56)

“Binding Corporate Rules (BCRs) and Standard Contractual Clauses for
Managing Data Movement Between Countries,” Corporate Governance and
Compliance Conference. New York, NY. June 2008.

57)

“Cross-Border Conflicts Relating to Mass Discovery, Including Foreign Data,
Privacy, and Protection Regulations,” ALI-ABA Course of Study in Mass
Litigation. Charleston, S.C. 29-31 May 2008.

58)

“Case Study: Data Mapping and the FRCP – 18 months into the New Rules.”
2008 MER Conference. Chicago, IL. 19-21 May 2008.

Curriculum Vitae: M. James Daley
May 1, 2012
Page 10
59)

“What the MER Headlights See: Insights on Four Future ERM Issues.” 2008 MER
Conference. Chicago, IL. 19-21 May 2008.

60)

“New Roles & New Teams to Meet ESI Production Obligations/Expectations.”
The Sedona Conference® Institute’s Second Annual Program on Getting Ahead
of the eDiscovery Curve: Strategies to Reduce Costs & Meet Judicial
Expectations. San Diego, CA. 13-14 March 2008.

61)

“Search & Information Retrieval Methods/Best Practices.” The Sedona
Conference® Institute’s Second Annual Program on Getting Ahead of the
eDiscovery Curve: Strategies to Reduce Costs & Meet Judicial Expectations. San
Diego, CA. 13-14 March 2008.

62)

“Envisioning Discovery Circa 2010.” 4th Annual CGOC E-Discovery Summit.
Palm Springs, CA. 27 January 2008.

63)

“Electronic Discovery and Records Management: New Litigation Challenges.”
American Law Institute of the American Bar Association (ALI-ABA). Fordham
Law School. New York, NY. 17-18 January 2008.

64)

“Electronic Document Review: Why Best Practices for Traditional Paper View
Do Not Translate to ESI.” Advanced E-Discovery Technology Workshop.
Georgetown University Law Center. Washington D.C. 15-16 November 2007.

65)

“E-Landscape in the FRCP Fallout.” Masters Conference for Legal Professionals.
Washington D.C. 25-26 October 2007.

66)

"Lost in Translation - Navigating the Minefield of International E-Discovery.”
National Webinar. Lumen Legal. 17 October 17 2007.

67)

“Digital Evidence: New Rules and Recent Developments from the Courts.”
Professional Educations Broadcast Network. 11-12 September 2007.
National Audiocast.

68)

“eDiscovery & Beyond: Harnessing the Power of Collaboration.” ARMA
Conference. Kansas City, MO. 25 June 2007.

69)

“eDiscovery Day.” CA World. Las Vegas, NV. 24 April 2007.

70)

“Getting ahead of the eDiscovery Curve: Strategies for Companies and Their
Counsel to Reduce Cost and Meet Judicial Expectations.” The Sedona Conference
Institute and ARMA International. Memphis, TN. March 2007.

71)

“Electronic Records Management and Digital Discovery.” and “Ethical
Considerations in Electronic Discovery.” American Law Institute of the
American Bar Association (ALI-ABA). Boston, MA. 25-27 October 2006.

Curriculum Vitae: M. James Daley
May 1, 2012
Page 11
72)

Sedona Conference International Working Group on E-Disclosure and ERecords Management. Madrid, Spain, 27-29 September 2006.

73)

“Electronic Records Management and Digital Discovery Practical
Considerations for Legal, Technical, and Operational Success.” American Law
Institute of the American Bar Association (ALI-ABA), Chicago, IL. 17-19 May
2006.

74)

"E-Discovery Real World Solutions and Practical Strategies in a Complex and
Challenging Environment." IQPC Seminar. Miami, FL. 28 February – 1 March
2006.

75)

"Managing the Risks and Discovery Costs of Web Content." FIOS Webcast. 31
January 2006.

76)

“Advanced E-Discovery Institute: Practical Concerns, Pragmatic Advice,
Emerging Trends.” Georgetown University Law Center’s E-Discovery Institute.
Washington D.C. 17-18 November 2005.

77)

“E-Mail Archiving and Information Search and Retrieval in the Context of
Litigation.” before representatives of the Executive Office of the President,
National Science Foundation and National Archives and Records
Administration. Washington D.C. 8 November 2005.

78)

“Sedona Search & Retrieval Special Project.” Sedona Conference Annual
Meeting. Vancouver, BC, Canada. 14-16 September 2005.

79)

“Sedona International Working Group on Electronic Records Disclosure.”
Inaugural Meeting. Clare College. Cambridge University. Cambridge, England.
13-17 July 2005.

80)

“Electronic Discovery: 30(b)(6) Deposition and Motion Hearing
Demonstrations.” Defense Research Institute Annual E-Discovery Seminar,
Washington D.C. 19-20 May 2005.

81)

“Records Retention, E-Discovery and Search & Retrieval Sciences.” Sedona
Conference Mid-Year Seminar. Cambridge, MD. 21-23 April 2005.

82)

“E-Discovery: Current Developments.” Pharmaceutical Industry In-House
Counsel Meeting. New York, NY. 24 January 2005.

83)

“Recent Developments in E-Discovery.” Corporate Counsel Roundtable. St.
Louis, MO. 1 December 2004.

84)

“International E-Discovery Issues.” Third Annual Sedona Conference on EDiscovery. Phoenix, AZ. 15-16 October 2004.

Curriculum Vitae: M. James Daley
May 1, 2012
Page 12
85)

“Records Retention Issues.” Third Annual Sedona Conference on E-Discovery.
Phoenix, AZ. 15-16 October 2004.

86)

“Recent E-Discovery Issues.” Telecommunications Industry Counsel Summit. 12
August 2004.

87)

“Ethics and E-Discovery.” Lawyers Association of Kansas City. Kansas City,
MO. 10 June 2004.

88)

“Data without Borders: International Dimensions to Electronic Discovery.” The
Sedona Conference on Complex Litigation VI: Electronic Discovery. Sedona, AZ.
26 March 2004.

89)

“Cost-Shifting after Zubulake v. UBS Warburg.” Iowa State Bar Association ECommerce Section. Des Moines, IA. 16 December 2003.

90)

“International Dimensions to the Electronic Discovery Dilemma.” Second
Annual Meeting of the Sedona Conference Working Group on Best Practices for
Electronic Document Retention & Production. Santa Fe, NM. 16-17 October
2003.