This is a webcast of the live New York session.Why you should attend
The demands and costs of e-discovery in litigation continue to grow. Nearly every case now involves some sort of e-discovery, and it is essential to know how to effectively and fairly handle the many issues that can arise. Our outstanding faculty of experienced lawyers, judges, and e-discovery professionals will provide an inside look at the current state of e-discovery, give tips for avoiding pitfalls litigants have encountered in the years since the passage of the federal rules, and discuss important ethical issues in light of court decisions imposing discovery sanctions and outlining the duties of outside and in-house counsel.
This seminar is designed to provide counsel with the understanding necessary to advise clients on state, federal and international e-discovery strategic and technology issues. You will take away practical strategies you can use when you are called upon to provide guidance on e-retention policies or e-discovery.
What you will learn
- Update on the latest legal developments in e-discovery
- Hear from judges, in-house counsel, outside counsel, and others facing the myriad of e-discovery issues that can arise in litigation
- Gain the perspectives of experienced e-discovery attorneys who have encountered problems similar to those your clients will likely face
- Get practical tips for conducting efficient and defensible discovery in the electronic age
- Learn why sanctions are imposed for e-discovery violations and how you can avoid similar missteps
Special Feature
- Earn one hour of Ethics credit
Who should attend
This program is designed for corporate counsel, outside counsel, and other attorneys or risk management professionals who advise corporations on electronic discovery and document retention issues. This program is designed to provide you with critical information on the latest developments in the law governing e-discovery. This program is a must for anyone charged with meeting today’s complicated e-discovery requirements.
PLI Group Discounts
Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.
PLI Can Arrange Group Viewing to Your Firm
Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.
Cancellations
All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.
All times are E.D.T.
Morning Session: 9:00 a.m. - 12:30 p.m. (E.D.T.)
9:00 Introduction
Gary A. Adler
9:15 View from the Bench: Status of E-discovery Law
- Learn the latest developments in e-discovery case law
- Hear a judicial perspective on litigants’ e-discovery obligations
- What have been the year’s biggest e-discovery developments?
- What policies are shaping e-discovery law?
- What to expect for e-discovery law in the new year
Honorable James C. Francis, Honorable David J. Waxse
10:15 Litigation Begins: Steps to Take Early On
- Understanding the 'trigger' and how to implement an effective hold
- When to focus on data preservation
- Working with the other parties: communication and cooperation
- Technology choices
- Crafting discovery requests in the ESI age
Ronald J. Hedges, Gilbert S. Keteltas
11:15 Networking Break
11:30 Technology-Assisted Review, Predictive Coding and New Search Technologies
- Defining our terms
- Why and when to use TAR -- advantages and challenges
- How to use TAR
- What the courts are saying
- Open TAR issues
Maura Grossman, Ashish S. Prasad, Brian C. Rocca
12:30 Lunch
Afternoon Session: 1:45 p.m. - 5:00 p.m. (E.D.T.)
1:45 Annual Update of In-house Counsel’s Guide to E-discovery: Everything You Need to Know
- When to outsource and when to build in-house
- What technical tools does your company need to effectively manage e-discovery?
- How cloud applications implicate e-discovery for the corporation?
- The e-discovery competencies you should demand of your outside counsel
- Where does privacy and information governance fit in?
- Budgeting for e-discovery
Steven C. Bennett, John J. Rosenthal
2:45 Ethics in E-discovery
- What are the most important factors in determining whether a court will issue sanctions?
- Changes to the approach to sanctions in the courts
- Recent developments
David J. Lender
3:45 Networking Break
4:00 Hot Topics in E-discovery: Proposed Amendments to Rule 37(e)
- Scope and Impact of Current Rule 37(e)
- Issues relating to "over-preservation"
- Alternative suggestions to address
- "Final" language as proposed
Thomas Y. Allman, Jeffrey J. Fowler, Ariana J. Tadler
5:00 Adjourn
Chairperson(s)
Speaker(s)
Thomas Y. Allman ~ Adjunct Professor, University of Cincinnati College of Law;, Chair Emeritus, The Sedona Conference Working Group (WG1) on E-Discovery
Program Attorney(s)
PLI makes every effort to accredit its Live Webcasts. Please check the CLE Calculator above for CLE information specific to your state.
PLI's Live Webcasts are approved for MCLE credit (
unless otherwise noted in the product description) in the following states/territories: Alabama, Alaska, Arkansas, California, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho*, Illinois, Indiana
1, Iowa*, Kansas*, Kentucky*, Louisiana, Maine*, Minnesota, Mississippi, Missouri, Montana, Nebraska, North Carolina, North Dakota, New Hampshire*, New Jersey, New Mexico, Nevada, New York
2, Ohio
3, Oklahoma, Oregon*, Pennsylvania
4, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia
5, Virgin Islands, Washington, West Virginia, Wisconsin, and Wyoming*.
*PLI will apply for credit upon request.
Arizona: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement.
Arkansas and Oklahoma: Audio-only live webcasts are not approved for credit.
1Indiana: Considered a distance education course. There is a 6 credit limit per year.
2New York: Newly admitted attorneys may not take non-transitional course formats such as on-demand audio or video programs or live webcasts for CLE credit. Newly admitted attorneys not practicing law in the United States, however, may earn 12 transitional credits in non-traditional formats.
3Ohio: To confirm that the live webcast has been approved, please refer to the list of Ohio’s Approved Self Study Activities at http://www.sconet.state.oh.us. Online programs are considered self-study. Ohio attorneys have a 6 credit self-study limit per biennial compliance period. The Ohio CLE Board states that attorneys must have a 100% success rate in clicking on timestamps to receive ANY CLE credit for an online program.
4 Pennsylvania: A live webcast may be viewed individually or in a group setting. Credit may be granted to an attorney who views a live webcast individually. There is a 4.0 credit limit per year for this type of viewing. A live webcast viewed in a group setting receives live participatory credit if the program is open to the public and advertised at least 30 days prior to the program. Live webcasts viewed in a group setting that do not advertise at least 30 days prior the program will be considered "in-house", and therefore denied credit.
5Virginia: All distance learning courses are to be done in an educational setting, free from distractions.
Running time and CLE credit hours are not necessarily the same. Please be aware that many states do not permit credit for luncheon and keynote speakers.
Note that some states limit the number of credit hours attorneys may claim for online CLE activities, and state rules vary with regard to whether online CLE activities qualify for participatory or self-study credits. For more information, refer to your state CLE website or call Customer Service at (800) 260-4PLI (4754) or email: info@pli.edu.
If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.