E-Discovery How-to's and Simple Tricks for Every Attorney
This full-day e-discovery course will take you step-by-step through the e-discovery process and provide you with practical tech advice you can actually understand and start using right away. You'll learn handy how-to's, review screenshots, get money-saving tips and real-world tactics for identifying, preserving and meeting requirements. No matter what size firm you are, this e-discovery guide will provide best-kept secrets, real-world insight and useful methods for keeping the costs down without weakening the case. Register today!
- Explore the latest case law and amendments to the Rules of Civil Procedure.
- Get familiar with preservation requirements you MUST know.
- Learn how to proactively handle spoliation issues.
- Get a useful overview of computer forensic basics for attorneys.
- Gain practical tech advice on identifying, securing and retrieving ESI that you can actually use.
- Find out what e-discovery data judges want to see in the courtroom.
- Review common mistakes attorneys make when gathering ESI, how to avoid them and what to do when they happen.
- Get familiar with different production formats, including TIFFs, native and data.
- Review privileged ESI that is discoverable and find out how to ensure privileged data stays protected.
- Review ESI admissibility/suppression and authentication fundamentals.
- Find new tactics for how to turn email and social media into evidence.
All times shown in Eastern time.
- E-Discovery Rules, Regulations, Procedures and Updates
10:00 - 10:45, Daniel B. Garrie
- New Rules of Electronic Evidence
- Legislative Update
- Case Law Update FRE 502
- Culpability Standards
- Applying the NEW Rules of Civil Procedure to E-Discovery and ESI
- Computer Systems, Storage and Data: What Attorneys Need to Know
10:45 - 11:15, Daniel B. Garrie
- Getting Familiar with Computer Storage: Where's the Data?
- Computer Forensic Basics for Attorneys
- Selection and Methodology of Outside Vendors and Software Platforms
- Tricks to Keeping the Costs of E-Discovery Down
- Categories of Data in Detail (Active vs. Inactive vs. Archived vs. Residual vs. Legacy)
- ESI Identification, Preservation, Collection and Searching: Handy How-to's
11:30 - 12:30, Jodi M. Schebel
- Preservation Requirements You Must Know
- Proper Data Mining and Gathering Procedures
- File Types to Consider Preserving, Collecting and Searching
- Protective Order Pitfalls
- Duty to Produce and Preserve: Determining when the Duty Arises
- What Data Should be Preserved Before Placing a Legal Hold?
- Proactively Handling Spoliation
- Placing Legal Holds: Do's and Don'ts
- When to Use Sanctions
- Collecting and Searching ESI
- When to Collect?
- Common Search Mistakes
- New Search Tools and Filtering Methodologies
- Tried and True Websites
- Relevant ESI Sources and Repositories
- E-Discovery Goes Mobile
- How to Process and Review the ESI
12:30 - 1:00, Mathea K.E. Bulander
- Tips for Reducing the Volume While Maintaining Quality
- Predictive Coding Do's and Don'ts
- Filtering Techniques from the Pros
- Tips for Eliminating Duplicates and Unnecessary ESI
- What You Must Leave Out (and Keep in!)
- Tips for Analyzing the ESI for Privilege
- Protecting Privilege: ESI Production
1:30 - 2:00, Mathea K.E. Bulander
- Privileged ESI That is Discoverable - Overview of Exceptions
- How to Make Sure Certain Privilege Stays Protected
- Production Specifications and Formats in Detail - Pros, Cons, Do's and Don'ts
- Producing the Responsive, Non Privileged ESI with Appropriate Metadata and OCR
- Production and Privilege Logs
- How to Avoid Inadvertently Producing Privileged Documents
- Sample Clawback Agreements
- How to Get the Clawback Approved by the Courts
- Making Social Media, Emails, Texts, etc. Usable in the Courtroom - Key Tips
2:00 - 2:30, Jodi M. Schebel
- Turning Social Media into Evidence
- Turning Emails, Chats and Instant Messages Into Evidence
- Turning Text Messages into Evidence
- Turning Video and Audio into Evidence
- Turning Online Information into Evidence
- Turning Voice Mails into Evidence
- Turning Computer Programming into Evidence
- Presenting to the Judge and Jury - E-Discovery and ESI Pointers
2:30 - 2:45, Jodi M. Schebel
- How to Get Your ESI Authenticated and Admitted (and Keep Theirs Out)
3:00 - 4:00, Daniel B. Garrie
- ESI Admissibility/Suppression Basics
- Does the Evidence Have a Proper Foundation?
- Is it Hearsay?
- Relevancy of the ESI
- Does the Evidence Have Distinctive Characteristics?
- Is the Evidence What the Proponent Claims?
- Authenticating ESI (Metadata, Chain of Custody, Content)
- Hearsay and ESI
- Citing Online Content Properly
- The Use of Expert Witnesses
- Linking the Evidence to the Purported Author
- Using Witness Testimony to Your Advantage
- E-Discovery: Ethical Pitfalls to Avoid
4:00 - 5:00, Mathea K.E. Bulander
- Social Media and ESI Spoliation Sanctions
- Duties Owed to Clients
- Duties Owed to Opposing Counsel and the Courts
- ESI Issues to Address in the Courtroom
- Cooperation in the Courtroom
- Coordinating with Opposing Counsel
- Privilege Waivers
This program is designed for attorneys. Paralegals may also benefit.