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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.

  1. E-Discovery Rules, Regulations, Procedures and Updates
    10:00 - 10:45, Daniel B. Garrie
    1. New Rules of Electronic Evidence
    2. Legislative Update
    3. Case Law Update FRE 502
    4. Culpability Standards
    5. Applying the NEW Rules of Civil Procedure to E-Discovery and ESI
  2. Computer Systems, Storage and Data: What Attorneys Need to Know
    10:45 - 11:15, Daniel B. Garrie
    1. Getting Familiar with Computer Storage: Where's the Data?
    2. Computer Forensic Basics for Attorneys
    3. Selection and Methodology of Outside Vendors and Software Platforms
    4. Tricks to Keeping the Costs of E-Discovery Down
    5. Categories of Data in Detail (Active vs. Inactive vs. Archived vs. Residual vs. Legacy)
  3. ESI Identification, Preservation, Collection and Searching: Handy How-to's
    11:30 - 12:30, Jodi M. Schebel
    1. Preservation Requirements You Must Know
    2. Proper Data Mining and Gathering Procedures
    3. File Types to Consider Preserving, Collecting and Searching
    4. Protective Order Pitfalls
    5. Duty to Produce and Preserve: Determining when the Duty Arises
    6. What Data Should be Preserved Before Placing a Legal Hold?
    7. Proactively Handling Spoliation
    8. Placing Legal Holds: Do's and Don'ts
    9. When to Use Sanctions
    10. Collecting and Searching ESI
      1. When to Collect?
      2. Common Search Mistakes
      3. New Search Tools and Filtering Methodologies
      4. Tried and True Websites
      5. Relevant ESI Sources and Repositories
      6. E-Discovery Goes Mobile
  4. How to Process and Review the ESI
    12:30 - 1:00, Mathea K.E. Bulander
    1. Tips for Reducing the Volume While Maintaining Quality
    2. Predictive Coding Do's and Don'ts
    3. Filtering Techniques from the Pros
    4. Tips for Eliminating Duplicates and Unnecessary ESI
    5. What You Must Leave Out (and Keep in!)
    6. Tips for Analyzing the ESI for Privilege
  5. Protecting Privilege: ESI Production
    1:30 - 2:00, Mathea K.E. Bulander
    1. Privileged ESI That is Discoverable - Overview of Exceptions
    2. How to Make Sure Certain Privilege Stays Protected
    3. Production Specifications and Formats in Detail - Pros, Cons, Do's and Don'ts
      1. Native
      2. Data
      3. TIFFs/PDFs
    4. Producing the Responsive, Non Privileged ESI with Appropriate Metadata and OCR
    5. Production and Privilege Logs
    6. How to Avoid Inadvertently Producing Privileged Documents
    7. Sample Clawback Agreements
    8. How to Get the Clawback Approved by the Courts
  6. Making Social Media, Emails, Texts, etc. Usable in the Courtroom - Key Tips
    2:00 - 2:30, Jodi M. Schebel
    1. Turning Social Media into Evidence
    2. Turning Emails, Chats and Instant Messages Into Evidence
    3. Turning Text Messages into Evidence
    4. Turning Video and Audio into Evidence
    5. Turning Online Information into Evidence
    6. Turning Voice Mails into Evidence
    7. Turning Computer Programming into Evidence
  7. Presenting to the Judge and Jury - E-Discovery and ESI Pointers
    2:30 - 2:45, Jodi M. Schebel
  8. How to Get Your ESI Authenticated and Admitted (and Keep Theirs Out)
    3:00 - 4:00, Daniel B. Garrie
    1. ESI Admissibility/Suppression Basics
      1. Does the Evidence Have a Proper Foundation?
      2. Is it Hearsay?
      3. Relevancy of the ESI
      4. Does the Evidence Have Distinctive Characteristics?
      5. Is the Evidence What the Proponent Claims?
    2. Authenticating ESI (Metadata, Chain of Custody, Content)
    3. Hearsay and ESI
    4. Citing Online Content Properly
    5. The Use of Expert Witnesses
    6. Linking the Evidence to the Purported Author
    7. Using Witness Testimony to Your Advantage
  9. E-Discovery: Ethical Pitfalls to Avoid
    4:00 - 5:00, Mathea K.E. Bulander
    1. Social Media and ESI Spoliation Sanctions
    2. Duties Owed to Clients
    3. Duties Owed to Opposing Counsel and the Courts
    4. ESI Issues to Address in the Courtroom
    5. Cooperation in the Courtroom
    6. Coordinating with Opposing Counsel
    7. Privilege Waivers

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