Why you should attend
New questions constantly arise about how to effectively and fairly handle the potentially overwhelming demands and costs of e-discovery in litigation. This program will provide an overview of the development of e-discovery law and a look to where that law is heading. An 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 recent 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
- Review 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 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
- 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. Whether you are just starting out in the realm of e-discovery or are already familiar with the federal rules, 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.
Please plan to arrive with enough time to register before the conference begins. A networking breakfast will be available upon your arrival.
Morning Session: 9:00 a.m. - 12:30 p.m.
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?
- Learn what to expect for e-discovery law in the coming year
Hon. Andrew J. Peck, Hon. David J. Waxse
10:15 Litigation Begins: Early Case Assessment and the Rule 26(f) Conference
- Why early case assessment is critical
- What constitutes effective preparation for the Rule 26(f) conference
- How parties can work together to benefit their clients
- When to involve the court in the parties’ e-discovery discussions
David S. Cannon, Stanley M. Gibson, Paul R. Gupta, Hon. David J. Waxse
11:15 Networking Break
11:30 Litigation Continues: Nuts and Bolts of Preservation and Document Review
- Litigation holds and what to preserve
- Data collection: who should do it, how they should do it
- Analysis and review - the role of technology, technologists and experts
- Avoiding common pitfalls
Jeffrey J. Fowler, Ashish S. Prasad, Peggy A. Stulberg
Afternoon Session: 1:45 p.m. - 5:00 p.m.
1:45 Annual Update of In-house Counsel’s Guide to E-Discovery: Everything You Need to Know
- Obtaining the in-house buy-in for e-discovery
- 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
- Budgeting for e-discovery
Steven C. Bennett, John J. Rosenthal
2:45 Ethics in E-Discovery
- What ethical factors does a court review to determine whether to issue sanctions?
- Changes to the approach to sanctions in the courts and the ethical issues that raises
- Recent developments in ethical issues in e-discovery case law
David J. Lender
3:45 Networking Break
4:00 Hot Topics in E-Discovery: Defensibility in E-Discovery
- Preservation and collection strategies
- Search and review processes
- Quality control and documentation
Thomas Y. Allman, Maura R. Grossman, Anne S. Jordan
Thomas Y. Allman
~ Adj.Prof.,Univ.of Cincinnati College of Law; Chair, Emeritus,Sedona Conference Working Group(WG1) on, E-Discovery Editor,Sedona Principles (2nd Ed. 2007), E-discovery Deskbook (PLI); Attorney&Consultant
Hon. Andrew J. Peck
~ United States Magistrate Judge, United States District Court, Southern District of New York
New York City Seminar Location
PLI New York Center, 810 Seventh Avenue at 53rd Street (21st floor), New York, New York 10019. Message Center, program days only: (212) 824-5733.
New York City Hotel Accommodations
The New York Hilton & Towers, 1335 Avenue of the Americas, New York, NY 10019. 1 block from PLI Center. Reservations 1-800-HILTONS or, 1-877-NYC-HILT. Please mention that you are booking a room under the Practising Law Institute Corporate rate and the Client File # is N495741. Reservations on line at www.hilton.com and enter the same Client File # in the Corporate ID # field to access Practising Law Institute rates.
The Warwick New York Hotel, 65 West 54th Street New York, NY 10019. 1 block from PLI Center. Reservations 800-223-4099 or, hotel direct 212-247-2700. Please mention that you are booking a room under the Practising Law Institute Corporate rate. Reservations on line at www.warwickhotelny.com Click reservations in menu bar on left. Select desired dates. In 'Special Rates' drop down window select Corporate Rate. In 'Rate Code' enter PLIN. Click search and select desired room type and rate plan. Or, you may email reservation requests to: firstname.lastname@example.org.
PLI's live programs are approved in all states that require mandatory continuing legal education for attorneys, except Arizona. Please be sure to check with your state for details.
Please check the CLE Calculator above each product description for CLE information specific to your state.
Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys. All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.
Please note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement.
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.
Credit will be granted only to the individual on record as the purchaser unless alternative arrangements (prearranged groupcast) are made in advance.