This document discusses ensuring that e-discovery procedures comply with new rules. It covers topics like preservation notices, meet and confer requirements, discovery strategies, protective orders, structuring protocols, and using experts. Preservation notices should follow Zubulake decisions as a benchmark for when the duty to preserve evidence arises. Meet and confer requirements involve early discussions between parties to avoid evidence spoliation. Common discovery strategies include interrogatories, document requests, and depositions. Protective orders may be needed to combat overly broad requests. Protocols should address issues like costs, data handling procedures, and confidentiality protections. Experts can help with tasks like computer forensics but selecting the right one is important.
I presented comprehensive e-discovery webinar with Eric Mandel, national e-discovery counsel and leader of the information law practice group at Zelle Hofmann Voelbel & Mason LLP.
Here are a selection of the slides that I created for the presentation
Electronic Document Retention And Legal HoldsJohn Jablonski
Overview of the duty to preserve records, the Seven Steps of a legal hold business process and basic evidence for the admissibility of electronic evidence (aka ESI)
BoyarMiller presentation to the Houston Young Lawyers Association (HYLA) about best practices for electronic forensic examinations. http://www.boyarmiller.com/news-and-publications/presentations/trade-secret-theft-digital-age-electronic-forensic-examination/
The Litigation Hold – Systems, Processes and Challenges | Daniel S. DayRob Robinson
Taken from the Second Annual Intermountain Discovery Conference on 9.24.10, this presentation shares an overview of Litigation Hold in light of Systems, Processes, and Challenges.
Speaker Expert: Daniel S. Day is a Senior Attorney with SUPERVALU, Inc. where he focuses on commercial litigation management, supervision of outside counsel, and dispute resolution in the areas of real estate, construction, business torts, contracts, intellectual property, bankruptcy, and antitrust for a leading national food and drug retail and supply distibution chain.
A member of the Board of Directors of the Association of Corporate Counsel, Mountain West Chapter, Mr. Day previously served as an attorney with Berman, Gaufin, Tomsic, and Savage of Salt Lake City. In his role with Berman, Gaufin, Tomsic, and Savage, Mr. Day was responsible for large complex business litigation to include business torts, securities fraud, contracts, constitutional law, antitrust, banking and utility regulation, bankruptcy, and employment law. Additionally, Mr. Day handled firm administrative responsibilities such as recruiting, insurance, employee benefits, including retirement plans, and other management assignments.
Source: Orange Legal Technologies (OrangeLT.com)
I presented comprehensive e-discovery webinar with Eric Mandel, national e-discovery counsel and leader of the information law practice group at Zelle Hofmann Voelbel & Mason LLP.
Here are a selection of the slides that I created for the presentation
Electronic Document Retention And Legal HoldsJohn Jablonski
Overview of the duty to preserve records, the Seven Steps of a legal hold business process and basic evidence for the admissibility of electronic evidence (aka ESI)
BoyarMiller presentation to the Houston Young Lawyers Association (HYLA) about best practices for electronic forensic examinations. http://www.boyarmiller.com/news-and-publications/presentations/trade-secret-theft-digital-age-electronic-forensic-examination/
The Litigation Hold – Systems, Processes and Challenges | Daniel S. DayRob Robinson
Taken from the Second Annual Intermountain Discovery Conference on 9.24.10, this presentation shares an overview of Litigation Hold in light of Systems, Processes, and Challenges.
Speaker Expert: Daniel S. Day is a Senior Attorney with SUPERVALU, Inc. where he focuses on commercial litigation management, supervision of outside counsel, and dispute resolution in the areas of real estate, construction, business torts, contracts, intellectual property, bankruptcy, and antitrust for a leading national food and drug retail and supply distibution chain.
A member of the Board of Directors of the Association of Corporate Counsel, Mountain West Chapter, Mr. Day previously served as an attorney with Berman, Gaufin, Tomsic, and Savage of Salt Lake City. In his role with Berman, Gaufin, Tomsic, and Savage, Mr. Day was responsible for large complex business litigation to include business torts, securities fraud, contracts, constitutional law, antitrust, banking and utility regulation, bankruptcy, and employment law. Additionally, Mr. Day handled firm administrative responsibilities such as recruiting, insurance, employee benefits, including retirement plans, and other management assignments.
Source: Orange Legal Technologies (OrangeLT.com)
Electronic Discovery - GODWIN PC - What you Need to KnowEd Sothcott
E-Discovery is becoming an increasing important part of the legal process. The effect of social media, e-mail and other electronic correspondence in lawsuits including civil and criminal matters and even divorce has become dramatic. What do lawyers need to do to preserve this evidence? What can happen if you don't?
Discovery Practice (Series: Newbie Litigator School - Fall Edition)Financial Poise
If you say the word “discovery” to a litigator, the reaction may not be kind. Discovery-the exchange of relevant information- usually in the form of documents or oral depositions, takes up the majority of a litigator’s time and costs clients the most money.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/discovery-practice-2020/
Experience Mazda Zoom Zoom Lifestyle and Culture by Visiting and joining the Official Mazda Community at http://www.MazdaCommunity.org for additional insight into the Zoom Zoom Lifestyle and special offers for Mazda Community Members. If you live in Arizona, check out CardinaleWay Mazda's eCommerce website at http://www.Cardinale-Way-Mazda.com
“Who’s Afraid of E-Discovery” was presented by George E. Pallas and Jason Copley from the Law Firm of Cohen Seglias Pallas Greenhall & Fuman PC for the members of the Mid-Atlantic Steel Fabricators Association.
Electronic Discovery - GODWIN PC - What you Need to KnowEd Sothcott
E-Discovery is becoming an increasing important part of the legal process. The effect of social media, e-mail and other electronic correspondence in lawsuits including civil and criminal matters and even divorce has become dramatic. What do lawyers need to do to preserve this evidence? What can happen if you don't?
Discovery Practice (Series: Newbie Litigator School - Fall Edition)Financial Poise
If you say the word “discovery” to a litigator, the reaction may not be kind. Discovery-the exchange of relevant information- usually in the form of documents or oral depositions, takes up the majority of a litigator’s time and costs clients the most money.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/discovery-practice-2020/
Experience Mazda Zoom Zoom Lifestyle and Culture by Visiting and joining the Official Mazda Community at http://www.MazdaCommunity.org for additional insight into the Zoom Zoom Lifestyle and special offers for Mazda Community Members. If you live in Arizona, check out CardinaleWay Mazda's eCommerce website at http://www.Cardinale-Way-Mazda.com
“Who’s Afraid of E-Discovery” was presented by George E. Pallas and Jason Copley from the Law Firm of Cohen Seglias Pallas Greenhall & Fuman PC for the members of the Mid-Atlantic Steel Fabricators Association.
Document review, in the context of litigation and legal proceedings, is the process by which each party to the proceeding examines, sorts, and analyses all documents, data, and electronic information in their possession to determine which materials are relevant to the proceeding and which should be withheld from production. Most discovery and ediscovery actions are built around this procedure.
Overview of the exposures related to electronic discovery and the need for a document retention/destruction policy. Offers guidelines for writing a document retention/destruction policy. Presented to a group of association finance and administration executives.
Hot Off the Presses: Recent Cases & Decisions (Series: Legal Ethics - Best Pr...Financial Poise
This webinar is for the lawyer -or anyone else- who wants to brush up on the latest issues and strategies to be aware of regarding legal ethics and best practices. The panelists discuss recent and important case law in the area and explain how those decisions can have real-world impact on the situations you may be involved in. Among others, the panel will address the following Model Rules of Professional Conduct: Rule 1.7-Conflict of Interest: Current Clients; Rule 1.8-Conflict of Interest: Current Clients: Specific Rules; Rule 3.8 - Special Responsibilities of a Prosecutor; and Rule 4.4(a) Respect for Rights of Third Persons.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/recent-cases-decisions-2021/
If you say the word “discovery” to a litigator, the reaction may not be kind. Discovery—the exchange of relevant information, usually in the form of documents or oral depositions, takes up the majority of a litigator’s time and costs clients the most money. This episode begins with a summary of the rules governing discovery. In particular, we discuss the new federal rules governing the preservation and discovery of electronic data and information, and the new concept of “proportionality” in discovery. We also discuss the practicalities of discovery: budgeting, tactics, and common opportunities and pitfalls. This hour demystifies a mystifying process, and to provide listeners with what they need to know to not get tripped up in litigation. At the very least, you will understand why the acronym “ESI” causes our panel to wince.
Part of the webinar series: NEWBIE LITIGATOR SCHOOL- 101 PART I 2022
See more at https://www.financialpoise.com/webinars/
PASSCO - Examining the Ebb and Flow of Electronic Discovery: Tips, Tools, and...Kirby Drake
This presentation discusses various court decisions relevant to electronic discovery and concludes with a discussion of the intersection between e-discovery and social media.
3. General Information “ The Electronic Evidence and Discovery Handbook: Forms, Checklists and Guidelines” published by the ABA LPM Sect. (http://www.abanet.org/abastore) LexisNexis ® Applied Discovery ® (http://www.lexisnexis.com/applieddiscovery/)
4. Discussion Topics 1. Preservation Notices No U.S. or Third Circuit decision exists re: preservation of electronic evidence or sanctions for failure. Zubulake decisions are recognized as setting the benchmark standards. Zubulake decisions have not been adopted by any PA federal or state court.
5. Preservation Notices Spoliation is “the destruction or significant alteration of evidence, or the failure to preserve property for another’s use as evidence in pending or reasonably foreseeable litigation.” Sanction determined on a “case-by-case” basis Authority to sanction arises under the FRCP and inherent powers.
6. Preservation Notices Duty to preserve arises when a party has notice or should have known that evidence may be relevant to litigation. Sanctions exist only if a party has a duty to preserve the destroyed evidence.
7. Preservation Notices Duty to preserve commonly arises when a demand letter or complaint is served. Duty to preserve may arise earlier if a party has sufficient notice or information re: a credible threat of future litigation. Duty to preserve requires more than a mere possibility of litigation. Existence of duty to preserve determined by the facts of each case.
8. Preservation Notices Duty to preserve extends only to “key players” in the litigation. Not every piece of evidence must be preserved; only that which is relevant.
9. Preservation Notices Zubulake holds that once litigation is reasonably anticipated, a party must suspend routine document destruction and put in place a “litigation hold” to ensure the preservation of relevant evidence. Inaccessible back-up tapes do not need to be subject to the “litigation hold.” Accessible back-up tapes should be placed in the “litigation hold.”
10. Preservation Notices Zubulake creates a duty upon both the party and its counsel to ensure that all sources of potentially relevant information are identified and placed “on hold.” Zubulake creates a duty upon counsel to oversee and monitor a party’s compliance with “litigation hold.” Proper communication is the key.
11. Preservation Notices Zubulake establishes guidelines that counsel should follow to avoid sanctions for electronic evidence spoliation. The Zubulake guidelines are not meant to be onerous. Zubulake holds that counsel’s actions in avoiding evidence spoliation are judged by a reasonableness standard.
12. Preservation Notices Use the form documents cautiously; avoid creating duties that you may not have as counsel under PA law. Forms documents should be tailored to your particular case.
13. Discussion Topics Rationale behind “meet and confer” requirement is early discussion and counsel involvement helps to avoid evidence spoliation. F.R.C.P. 26(f)(3) & 16(b)(5) set forth the “meet and confer” requirement. 2. Meet and Confer
14. Meet and Confer The “meet and confer” conference requires you to think about what the relevant sources of evidence will be in your case. Every case has different issues that should be addressed at the “meet and confer” conference.
15. Discussion Topics Three most common methods are interrogatories, document requests and depositions. Using more than one of these three methods is common when performing e-discovery. 3. Discovery Strategy
16. Discovery Strategies Interrogatories should be used to identify systems, information and people with knowledge Absent agreement or court order, F.R.C.P. 33(a) limits the # of interrogatories to 25, including subparts.
17. Discovery Strategies Unlike interrogatories, document requests are not subject to an express numerical limitation; they are subject to Rule 26 admonition re: abusive discovery. Document requests directed to a party can be done independently or as part of a deposition notice. Document requests can be directed to non-parties by way of a subpoena.
18. Discovery Strategies Consult with an e-discovery vendor or computer forensics expert. Electronically stored data should be produced in its native format with metadata.
19. Discovery Strategies Depositions ordinarily are used to verify that you have gathered all the relevant evidence through interrogatories and document requests. Depositions also enable a party to prepare any necessary e-discovery-related motions, including motions in limine and sanctions for spoliation of evidence. Using an e-discovery expert may be prudent.
20. Discussion Topics Protective orders are appropriate to combat overly broad or burdensome e-discovery requests. Need for a protective order and the grounds relating to that need are always case specific. 4. Protective Orders
21. Discussion Topics To prepare a well-structured e-discovery protocol, you must understand in advance what the quantity and variety of data that your client has so that you can talk to the correct “key players.” Understanding what your client’s business operations are will enable you to advocate for an e-discovery protocol that is not overly burdensome. 5. Structuring Protocols
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23. Discussion Topics Selecting the proper third-party is critical for the proper and efficient handling of electronic evidence. Selecting the proper third party requires an understanding on your part as to what the needs are vis-à-vis electronic evidence: e-discovery v. computer forensics 6. Experts