Electronic Discovery Guidance 2008: What Corporate and Outside Counsel Need to Know

Overview

Recently admitted NY attorneys: This program is accredited for transitional CLE credit

Why You Should Attend

The 2006 e-discovery amendments to the Federal Rules of Civil Procedure have made some strides in defining the scope of e-discovery and allocating its cost, but the full effects of those rules are still taking form. New questions are constantly arising about e-discovery in state and international litigation, cost management, and admissibility of the discovered electronically stored information in court. This program will trace a detailed hypothetical case from start to finish, and provide an overview of the development of e-discovery law at the federal, state, and international levels.

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 two years since the passage of the federal rules, and discuss important ethical issues in light of recent court decisions imposing discovery sanctions and outlining an attorney’s duty to supervise discovery.

This seminar is designed to provide both corporate counsel and outside counsel with the understanding necessary to advise clients on state, federal and international e-discovery strategic and technology issues. As a participant, you will take away practical strategies that you can apply to benefit your client when you are called upon to provide guidance on e-retention policies or when you handle e-discovery.

What You Will Learn

• Current developments and best practices emerging under the e-discovery Federal Rules of Civil Procedure
• Beyond the federal rules: the intersection of federal, state, and international e-discovery 
• Strategies for conducting a cost-effective production and review of electronic documents
• What recent e-discovery sanctions orders mean for your litigation
• How the new rules will impact electronic data management
• Emerging trends in litigation technology driven by the new federal rules
• How admissibility considerations must guide your initial preservation, collection, review, and production strategies
• Strategies for selecting an e-discovery vendor
• E-discovery ethical considerations

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 starting from scratch 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.

Special Features

Live Webcast - Simultaneous live webcast of the San Francisco session is available for individual viewing. Webcast participants will receive streaming audio and/or video of the program, view and print the Course Handbook, and have the ability to submit questions electronically.

For more information click on the link to the Live Webcast at the top of the page.

Special Bonus to all Registrants

All attendees will receive a complimentary copy of PLI's comprehensive Course Handbook. This softcover, bound volume was written to augment the program and to stand alone as a permanent reference. PLI's Course Handbooks represent the definitive thinking of the nation's finest legal minds, and are often the standard reference in the field.

Please Note: Webcast attendees will receive a downloadable version of the Handbook one business day prior to the program.

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.

Schedule

Please plan to arrive with enough time to register before the conference begins. A continental breakfast will be available upon your arrival.

Morning Session: 9:00 a.m. - 12:30 p.m.

9:00  Introduction

9:15  Status of e-Discovery Law: A Judicial Perspective on the Current State of e-Discovery 

• Have questions from the first year under the amended federal rules been resolved?
• How are courts dealing with international e-discovery?
•  What to expect going forward

Hon. Shira A. Scheindlin

10:15  Preparing for Litigation: Creating Successful Retention Policies and Datamaps

• Approaches taken by experienced in-house counsel
• Common problems and missteps to avoid
• How to create a retention policy and datamap
• Remediation of legacy data: can you toss the backup tapes?

Jerone J. English, Harvey Jang, Renée T. Lawson

11:15  Break

11:30  Litigation Begins: Immediate Steps to Prepare for the Meet and Confer

• When does the duty to preserve arise?
• Implementing an effective litigation hold
• Identifying witnesses, data sources and types
• What to cover at the 26(f) conference
• Dealing with disagreements at the meet and confer
• When to request help from the court

Angeline G. Chen, Michael E. Lackey, Jr., Stephanie Mendelsohn

12:30  Lunch

Afternoon Session: 1:45 p.m. - 5:00 p.m.

1:45  Discovery Disputes: Addressing the Complex Obligations of e-Discovery

• Dealing with discovery disputes
• International document requests and depositions of international witnesses 
• Tips for collecting, processing, and reviewing data efficiently
• Best practices for increasing the quality and minimizing the costs of document review

David E. Garrett, Erin A. Smart

2:45  Judgment Day: Judicial Insight Into How Evidentiary Hearings Are Decided Under the Amended Federal Rules

• What must parties show to prove inaccessibility?
• What weighs the most in deciding whether to order discovery of inaccessible information?
• What factors do courts consider in imposing sanctions for the loss of ESI?
• Mock argument: Motion to compel production of inaccessible information and motion for sanctions

Hon. Maria-Elena James, Laura Lewis Owens, Michael S. Simon

3:45  Break

4:00  Ethics

• Cost concerns versus discovery obligations
• Ethical considerations in outsourcing
• Addressing potential conflicts between in-house and outside counsel's approach to e-discovery

Anne S. Jordan, Stephen J. Rosenfeld

5:00  Adjourn

Faculty

Chairperson(s)

Geoff Howard, Bingham McCutchen LLP

Speaker(s)

Angeline G. Chen, Associate General Counsel, Lockheed Martin Corporation
Jerone J. English, Director of e-Discovery and Litigation Management Group, Intel Corporation
David E. Garrett, Managing Director, Stroz Friedberg LLC
Hon. Maria-Elena James, Magistrate Judge, United States District Court - Northern District of California
Harvey Jang, Corporate Compliance Counsel, Hewlett-Packard Company
Anne S. Jordan, Jordan Associates
Michael E. Lackey, Jr., Mayer Brown LLP
Renee T. Lawson, Morgan, Lewis & Bockius LLP
Stephanie Mendelsohn, Legal Director of Corproate Records and e-Discovery, Genentech, Inc.
Laura Lewis Owens, Alston & Bird LLP
Stephen J. Rosenfeld, Mandell Menkes LLC
Hon. Shira A. Scheindlin, United States District Judge, United States District Court, Southern District of New York
Michael S. Simon, Akerman Senterfitt
Erin A. Smart, Bingham McCutchen LLP

Program Attorney(s)

Laurie Gilbertson, Practising Law Institute

CLE Credit

Travel Information

Due to high demand we recommend reserving hotel rooms as early as possible.