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E-Discovery, Litigation Holds, & Metadata 24/7 On-demand Downloadable CLE
Approved for 2.0 Florida Bar CLE Credits & 1.5 Georgia Bar CLE Credits
All trial lawyers must understand and advise clients on the role of discovery in litigation. The laws governing electronic discovery, more commonly known as "e-discovery" have been updated to reflect technological advancements in the practice. At the same time, every computer application and platform we use generates metadata. Thus, metadata issues are inevitable whenever client-created electronic documents are at issue in e-discovery in civil litigation, government inquiries and public-records-act requests. Metadata comes to the fore at each phase of the e-discovery process, including in inadvertent disclosures, meet-and-confer, culling/reviewing/coding, and planning. This teleconference provides guidance so attorneys and legal professionals can easily grasp the current requirements mandated under the law, revised e-discovery practices, concerns involving metadata, and compliance required for the retention and destruction of electronically stored information. This seminar will examine the full extent of the duty to preserve electronic evidence and provide practical strategies for streamlining efforts to minimize costs and time in e-discovery. Our distinguished and experienced panel of attorneys will discuss the latest trends in legal hold letters, metadata, document management, and means to use electronic discovery to your client's advantage. Agenda:Jeffrey Fowler on An Overview of Electronic Discovery
1. The Role of Electronic Discovery in Modern Litigation
2. Counseling Client on Discovery Law
3. Data Security
4. Litigation Preparedness Plans
5. The Current State of Electronic DiscoveryRobert Dibert on Litigation Holds
1. Designing Effective Litigation Holds
2. The Intent and Expectation of the Litigation Hold
3. Implementing Policies to Accomodate Hold Procedures
4. Duties Imposed by Litigation Holds
5. The Import of Proper Retention Policies as Compliance
6. Protecting Confidentiality and Privilege against Hold Requirements
7. Best Practices for Litigation HoldsRobert Brownstone on Metadata
1. Planning and Collection
2. Metadata Preservation to Guard Against Spoliation
4. Native File Formats
5. Claw-back Procedures
6. Inadvertent Production of Privileged Information
7. Culling, Reviewing, and Coding
8. Quality-Control (QC) StandardsQuestion & Answer SessionBiography of Seminar Faculty:
1. Jeffrey Fowler
practices with O'Melveny & Myers, where he focuses on class actions, mass torts and insurance litigation. Mr. Fowler consults with clients on topics related to electronic discovery, including document retention practices, data security issues, trade secret misappropriation investigations, and litigation preparedness plans. He has earned a national reputation as a noted speaker and writer on electronic discovery issues. Mr. Fowler is also one of the founders and leaders of the Firm's Electronic Discovery and Document Retention Practice. Mr. Fowler is one of the few litigators in the country whose practice is entirely dedicated to electronic discovery issues. His extensive experience spans a decade and includes some of history's first and largest electronic discovery matters. For example, in 2002-2003, he was one of the architects of a large-scale electronic document production to the SEC and DOJ in connection with an investigation of a major telecommunications company. He has become one of the country's top electronic discovery attorneys and has provided legal counsel to General Mills, The Hershey Company, Samsung Electronics, Hilton Hotels Corporation, Advanced Micro Devices, Inc., The Walt Disney Company, and Exxon, among others.
2. Robert Dibert
practices at Frost Brown Todd and has more than 15 years of experience in the identification, preservation, production and analysis of electronically-stored information in a variety of investigative and litigation contexts. Mr. Dibert has litigated commercial transactions and business relationships for more than 20 years, including banking, contracts, employment terminations, joint ventures, and securities transactions. He also has litigated cases arising under federal and state civil rights laws, and both civil and criminal cases involving the federal Racketeer Influenced and Corrupt Organizations (RICO) statute.
3. Robert Brownstone,
known in the industry as the "Guru of Metadata," is the Law & Technology Director at Fenwick & West LLP. He advises clients on electronic-discovery, electronic-information-management, information-security and retention/destruction policies and protocols. A nationwide speaker and writer on many law and technology issues, Mr. Brownstone is frequently quoted in the press as an expert on electronic information. He teaches E-discovery Law at two Bay Area law schools and is a member of the National Employment Law Institute (NELI) Advisory Board and The Sedona Conferences, as well as the Ethics and Metadata Brainstorming Group.
Who should attend this seminar?
Attorneys, paralegals, and legal professionals.Only registered attendees will receive CLE credit for attending this course. Register today for 2.0 Florida Bar CLE Credits & 1.5 Georgia Bar CLE Credits.
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Registration includes download of course materials.
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