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Who should attend Document Destruction: Dealing With Spoliation Of Evidence
This one-day seminar is designed for attorneys who wish to develop or sharpen their skills in handling evidentiary issues.
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Document Destruction: Dealing With Spoliation Of Evidence  

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This one-day seminar is designed for attorneys who wish to develop or sharpen their skills in handling evidentiary issues.

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Seminar Summary:

This seminar will help you identify spoliation issues, deal with the potential impact of spoliation, and avoid spoliation where possible. (see full course description)

 
 

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Training Course Syllabus:


In most litigation, documents take center stage. Problems abound when documents have been lost or destroyed. When this occurs, spoliation of evidence issues arise. This seminar will help you identify spoliation issues, deal with the potential impact of spoliation, and avoid spoliation where possible. With documents playing an increasingly important role in litigation, it is important to know how to respond to their loss or destruction.

Topics to be discussed:

  • Overview of spoliation in Ohio
  • Spoliation causes of action
  • Spoliation remedies and sanctions
  • Document retention policies
  • Defending spoliation claims
  • Ethical issues and obligations

9:00 a.m. - 10:00 a.m.

I. Overview: Spoliation In Ohio

A. What Is Spoliation And When Does It Occur?

B. When Does The Duty To Preserve Evidence Arise?

C. What 'Evidence' Must Be Preserved?

D. Choice Of Law Considerations

10:00 a.m. - 11:00 a.m.

II. Spoliation Causes Of Action

A. Establishment Of Spoliation Claims In Ohio

B. Intentional Spoliation Claims

1. Elements

C. Negligent Spoliation

1. Elements

D. Strategy And Tactics Involved With Bringing Spoliation Claims

E. Discovery Issues

F. Developments In Ohio Spoliation Case Law

G. Developments In Federal 6th Circuit Spoliation Case Law

11:00 a.m. - 11:15 a.m.

Break

11:15 a.m. - 12:00 p.m.

III. Spoliation Remedies And Sanctions

A. Sources Of Authority

B. Factors Weighed

C. Specific Remedies And Sanctions

D. Developments In Ohio Spoliation Case Law

E. Developments In Federal 6th Circuit Spoliation Case Law

12:00 p.m. - 1:00 p.m.

Lunch (On Your Own)

1:00 p.m. - 2:30 p.m.

IV. Document Retention Policies

A. Factors In Developing And Updating Document Retention Policies ('DRPs')

B. Statutory Recordkeeping Obligations And Requirements For DRPs

C. The Scope Of DRPs

D. Developments In Ohio Spoliation Case Law

E. Developments In Federal 6th Circuit Spoliation Case Law

2:30 p.m. - 3:15 p.m.

V. Defending Spoliation Claims

A. Strategy And Tactics Of Defending Spoliation Claims

B. Developments In Ohio Spoliation Case Law

C. Developments In Federal 6th Circuit Spoliation Case Law

3:15 p.m. - 3:30 p.m.

Break

3:30 p.m. - 4:30 p.m.

VI. Ethical Issues And Obligations

A. Attorney Obligations In Preventing And Remedying Spoliation

B. Sources Of Authority

C. Developments In Ohio Spoliation Case Law

D. Developments In Federal 6th Circuit Spoliation Case Law

4:30 p.m. - 5:00 p.m.

VII. Panel Questions; Adjourn

Seminar Summary:

This seminar will help you identify spoliation issues, deal with the potential impact of spoliation, and avoid spoliation where possible. (see full course description)

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