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DEFINING ELECTRONIC DISCOVERY
9:00 - 9:45, Written and presented by Daniel Lim in Oklahoma City and Tulsa.
- What is Electronic Discovery?
- Defining "Electronically Stored Information" (ESI)
- Understanding Why Electronic Discovery is Important Today
- How Does Electronic Discovery Differ From Traditional Methods of Discovery?
- The Value of Electronic Discovery/ESI in Litigation
- Is Electronic Discovery Necessary in Your Practice?
- The Glossary of Electronic Discovery
THE AMENDMENTS TO THE FEDERAL RULES OF CIVIL PROCEDURE AND RECENT CASE LAW
9:45 - 10:45, Written and presented by Daniel Lim in Oklahoma City and Tulsa.
- Rule 16 and 26 Preliminary Conferences ("Meet and Confers")
- Rule 26 Changes for Reasonably Accessible Data
- Rule 26 Post Production Privilege Assertion
- Rule 33 and 34 Specification of Form
- Rule 45
- Recent Decisions in E-Discovery That Affect Us All
ELECTRONIC DISCOVERY IN THE STATES AND RECENT CASE LAW
11:00 - 12:00, Written and presented by Elizabeth Lepic in Oklahoma City and Tulsa.
- What are States Doing About Electronic Discovery?
- States That Have Adopted Electronic Discovery Rules
- Uniform Rules Relating to Discovery of ESI From National Conference of Commissioners on Uniform State Law (NCCUSL)
- Guidelines for State Trial Courts Approved by the Conference of Chief Justices (CCJ)
- Recent Electronic Discovery Decisions From State Courts
STEP-BY-STEP GUIDES: IDENTIFICATION, PRESERVATION AND COLLECTION OF ESI
1:00 - 2:15, Written and presented by Elizabeth Lepic in Oklahoma City and Tulsa.
- Identifying Custodians and Sources of Data
- Preservation Notices and Litigation Holds
- Computer Forensics
- Collection Considerations From Individual Workstations
- Collection Considerations From Network Servers (Backup, Storage, E-mail, etc.)
- Understanding the "Data-Map"
- Working With Records Retention Policies
- The Importance of a "Litigation Response Team"
- Preserving Metadata
- Focusing the Scope of Collection
- Keyword Filtering and Deduplication
STEP-BY-STEP GUIDES: PROCESSING, REVIEW AND PRODUCTION OF ESI
2:30 - 3:40, Written by Gavin W. Manes and Charlotte G. Blacklee. Presented by Charlotte Blacklee in Oklahoma City and Gavin W. Manes in Tulsa.
- Processing In-House vs. Outsourcing
- Assessing Software for Processing
- "Chain of Custody" Considerations
- Cost Drivers
- File Formats for Review (Native, TIFF, PDF, etc.)
- Defining Effective Review Protocols/Standards
- Managing the Review Process
- Producing ESI to the Opposing Party (Native, Quasi-Native, Paper, TIFF, etc.)
ETHICAL CONSIDERATIONS IN ELECTRONIC DISCOVERY
3:40 - 4:30, Written and presented by Tom Q. Ferguson in Oklahoma City and Tulsa.
- Avoiding Conflicts of Interest
- Privilege Considerations (Proposed Amendment to Federal Rule of Evidence 502)
- Court Rulings on Ethics and Metadata
- Abusing E-Discovery - Unreasonable Requests for Production
- Choosing and Working With Third-Party Experts
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