This seminar is designed to provide attendees with information on emerging trends in electronic media discovery practices. Attendees will have a better understanding of the litigation aspects of electronic document retention and destruction. This will include the scope of electronic discovery, triggering mechanisms for document retention, duties of counsel, and potential civil and criminal sanctions for improper document destruction.
- Trends in electronic media discovery practices
- Destruction of evidence and spoliation
- Duties of in-house and outside counsel
- Electronic discovery relating to consultants and expert
- Document retention and destruction guidelines
8:30 a.m. - 9:30 a.m.
I. Forensic Recovery Of Electronic Media
A. Forms Of Electronic Data Storage
B. 'Accessible' vs. 'Inaccessible' Data
C. Finding 'Hidden' Data – Explaining The Mysteries Of Metadata, Systems Data, Ghost Copies, Track Changes, etc.
9:30 a.m. - 10:30 a.m.
II. Recent Legal Developments Regarding The Discovery Of Electronic Media
A. The Timing And Scope Of The Duty To Disclose Electronic Records
B. Scope Of Discovery: What Electronic Records Are Truly Discoverable?
C. Shifting Costs For Electronic Discovery
D. Privilege Issues In Electronic Document Review And Production
10:30 a.m. - 10:40 a.m.
10:40 a.m. - 11:45 a.m.
III. Trends In Electronic Media Discovery Practices
A. Demanding And Producing Documents In Electronic Format
B. Stipulations For Scope And Manner Of Electronic Discovery
C. Deposing IT Managers
D. Home Computers And Employee-Owned PDAs
E. Retaining And Using Computer Forensics Experts
11:45 a.m. - 12:45 p.m.
Lunch (On Your Own)
12:45 p.m. - 1:45 p.m.
IV. Destruction Of Evidence And Spoliation
A. Duty To Preserve Documents Regarding 'Reasonably Foreseeable' Claims
B. Civil Sanctions
C. Criminal Sanctions
1:45 p.m. - 2:15 p.m.
V. Duties Of In-House And Outside Counsel
A. Notification Obligations
B. Preservation Requests And Orders
C. Preservation Of Electronic Information Administered Or Maintained By Third Parties
D. Emerging Practices In Responding To Electronic Discovery
2:15 p.m. - 2:50 p.m.
VI. Document Preservation And Electronic Discovery Relating To Consultants And Experts
A. Saving Draft Reports
B. Materials Reviewed Or Created By Testifying Expert
C. Consulting Expert versus Testifying Expert
D. Attorney Work Product Privilege
E. Sanctions For Spoliation Based On The Destruction Of Expert Materials
2:50 p.m. - 3:00 p.m.
3:00 p.m. - 4:00 p.m.
VII. Document Retention Policies And Practices
A. The Virtue Of A Consistent And Provable Document Retention Policy
B. Lessons From The Headlines – Enron, etc.
4:00 p.m. - 4:30 p.m.
VIII. Questions And Answers