What you need to know about "electroinc stored information" (ESI) to litigate your case.

 

Participants receive a copy of the Electroinc Discovery and Evidence treatise (A $205 VALUE) and Best Practices Guide.

 

Today, discovery and production of electronic evidence is a vital part of litigation. Attorneys are faced with a changing format of evidence - evidence created and stored electronically. Now, emails, metadata, text messaging, word processing documents, spreadsheets, and other electronic files are the "smoking guns" of evidence. The ability to request and⁄or produce electronic evidence can mean the difference between winning and losing your next case, and avoiding court imposed sanctions and disciplinary actions.

 

Many of your clients may be unaware of their preservation obligations regarding ESI and the necessity to suspend their document retention policies once the duty to preserve arises. Now is the time to understand and implement these important rules.

 

Learn about the changes to the federal rules of civil procedure and recent case law interpreting the new rules! The new federal rules of e-discovery were effective as of December 1, 2006 and focus on the discovery of "electronically stored information" (ESI) and amended Rules 16, 26, 33, 34, 37, 45 and Form 35. Since that time there have been many federal court decisions interpreting the new rules. These decisions discuss issues such as what are your obligations

during a Rule 26(f) “meet and confer”, in what format should I receive or disclose ESI, what is the trigger date for a litigation hold to be in place, is a “safe harbor” available if I fail to preserve data, etc. The changing law in this area can significantly affect your responsibilities regarding requesting, preserving and disclosing “electronic stored information.”

 

Many states across the country are patterning their e-discovery rules after the federal rules. State courts will not only adopt these amendments, but will look for the interpretive federal case law to guide them.

 

The course will lay the foundation for you to communicate effectively with your clients, the opposing side, and the court.

 

This program is focused on providing legal professionals with working knowledge of essential legal and technical issues surrounding electronic discovery. Program materials include the acclaimed Electronic Discovery and Evidence treatise, the Best Practices for Electronic Discovery and Evidence and online practice forms.

 

This leading treatise has been purchased by more than 2000 of the top law firms, corporations, service bureaus, government organizations, courts and law libraries in the country. Of special note, the treatise has become the textbook of choice for law schools and is provided online for the SEC's enforcement unit. Electronic Discovery and Evidence has been referenced in the leading federal electronic discovery case, Zubulake v. UBS Warburg LLC, 229 F.R.D. 422, 440 n.121 (S.D.N.Y. 2004), by the Honorable Shira A. Scheindlin.

 

- Duties of counsel and litigants with regards to retention and preservation of electronic discovery

- How to avoid sanctions for electronic discovery failures

- Learn from hypothetical electronic discovery factual scenarios

- How to work with computer forensic experts and service bureaus

- Using computer forensics to find the smoking gun

- Utilize strategies for cost sharing and sanctions

- Come away with ways to negotiate compliance

- Learn the foundational requirements for admission of electronic evidence