Topics covered include:
- E-Discovery 101—a brief overview of (i) state and federal rules addressing the discovery of electronically stored information, with a preview of the pending changes to the Federal Rules of Civil Procedure scheduled to go into effect on December 1; (ii) the key phases of e-discovery (identification / preservation / analysis and review / production / presentation); and (iii) emerging trends in e-discovery, including technology-assisted review and evolving concepts of proportionality and cooperation
- E-Discovery Case Law Update—a summary of recent, notable e-discovery decisions, including cases from Virginia state and federal courts
- An In-House Perspective on E-Discovery—a discussion of what organizations need to know about e-discovery, how they can implement policies and procedures to handle key aspects of e-discovery in-house, and when they need to call for help
E-mails, text messages, Facebook postings, Tweets and re-Tweets, Google searches, YouTube videos, Skype calls, GPS tracking, Fitbit data—the list of electronically stored information (ESI) that we create today is almost never-ending, and the places where we store that data, including desktops, laptops, servers, cell phones, tablets, watches, cars, TVs, and, of course, the “cloud,” are ever-expanding. There is no question that we live and work in an “Information Age” and have become increasingly dependent on electronic devices to conduct day-to-day business. All of this information that we create and store every day can be subject to discovery in litigation and may be of critical importance to the outcome of a case.
E-discovery is a fundamental part of modern litigation, yet, in the eyes of many, it is partly responsible for the decreased number of cases going to trial. Its critics bemoan that it is too expensive and often makes it too hard to pursue a case to verdict. But e-discovery is not going away and courts are looking to the Bar to practice e-discovery efficiently and effectively. Attorneys who fully understand the rules related to e-discovery, and obtain the insight on how to use those rules to their client’s benefit, have a distinct advantage over their opponents who “just don’t get this computer stuff.” Outside counsel cannot do it alone, however; the client must be an equal partner in e-discovery efforts once the litigation begins, and ideally will have put best practices in place long before then.
This seminar will provide you with a thorough grounding in the diverse aspects of e-discovery. Our experienced speakers, who initially presented this program in 2012, are back by popular demand and have updated their presentation to provide the audience with a holistic method for identifying, confronting, and prevailing over common e-discovery challenges.