HomeWebcastPractical E-Discovery Advice For Lawyers
E-Discovery Advice For Lawyers CLE

Practical E-Discovery Advice For Lawyers

Live Webcast Date: Friday, December 18, 2015 from 12:00 pm to 2:00 pm (ET)
Legal (CLE)Recording

E-Discovery Advice For Lawyers

Join us for this Knowledge Group E-Discovery Advice For Lawyers Webinar. E-discovery is becoming the de facto source of evidence in many legal cases. However, many attorneys struggle to stay abreast of the latest rules, regulations, case law, and ethical pitfalls involving electronically stored data. Many lawyers also struggle to understand the complex and multi-disciplinary aspects of E-Discovery law. A weak grasp of E-Discovery poses a risk to the practicing lawyer, his firm, and his clients.

In this CLE Webinar, a panel of skilled practitioners will provide the audience with a unique perspective that reveals legal oversights, litigation risks, indefensible proposals, improper methods, weak searches, and many more useful hints and tips to strengthen your position as an E-Discovery lawyer.

Key topics include:

  • Information as a Litigation Risk
  • Common E-Discovery Oversights
    • Failure to Place Defensible Legal Holds
    • Failure to Coordinate with Opposing Counsel
    • Improperly Identifying and Securing
    • Relevant ESI Sources and Repositories
  • Collecting, Restoring, and Processing Data
  • Reviewing and Coding
  • Producing Responsive, Non-privileged ESI
  • Logging With-held Documents
  • Choosing E-Discovery Vendors
  • Minimizing Costs
  • Maximizing Efficiency
  • New Search Tools
  • New Filtering Methods
  • Keyword Searching Secrets
  • Advanced Search Technology
  • Sampling and Document Analytics
  • Search Process Enhancement 

Agenda

Sunil Ohri, Of Counsel
Stein Mitchell Cipollone Beato & Missner LLP

Randall M. Paulikens, CPA/ABV/CFF/CITP, DABFA, Partner
WithumSmith+Brown, PC

AND

Salumeh R. Loesch, Attorney
Klarquist Sparkman, LLP

  • Introduction
    • Best practices, pitfalls to avoid in E-Discovery
  • Information as a litigation risk
    • Practical considerations
      • Quantity of emails
      • Variety – significant challenges of managing information
      • Data is constantly changing/storing
  • Identification of relevant data/ESI sources and defensible legal holds
    • Issues:
      • Identifying what’s at issue and where your documents are
      • Who are your key people
      • Send out DRN immediately, and add to it
        • No spoliation
      • Keep updating DRN
    • Practical Considerations
  • Coordinating with opposing counsel
    • Setting groundwork for Rule 26 M&C
    • What form documents will be produced
    • Work with counsel throughout e-discovery process
    • Determine what kind of documents will be produced (i.e., emails)
  • Considerations w/ collections
    • Work w/ custodians (targeted collection)
      • Collect and code at the same time
    • Full forensic image of data set (entire harddrive, SP page, etc)
  • Restoring and Processing Data
    • Proportionality:  Balance b/n the value of the information you may pull back from a restore vs. costs
      • Coordinate w/ opposing counsel
    • Processing data:  what to produce natively and considerations in native products
      • Coordinate w/ opposing counsel
      • Practical considerations:
        • Formulas
        • Privilege concerns
  • Reviewing and Coding
    • Issues:
      • Get issue tags early
      • Review outline – understanding the issues makes review faster
      • Outsourcing review
      • TARR/analytics [Sunil]
    • Practical considerations
      • Costs
      • Work flow (trial team vs. review team)
      • Privilege docs
  • Producing responsive, non-privilege ESI
    • Production format
    • Rolling productions
    • Practical considerations:
      • Coordination w/ counsel
      • Native documents
        • How best to code
        • Placeholders
  • Logging withheld documents
    • Fields:  to/from
    • Summary of document:  email b/n X & Y
    • Basis of privilege:  AC/WP re X
    • Practical considerations:
      • Coordination w/ counsel
      • Too much information vs. not enough information
  • Maximizing efficiency/Minimizing costs
    • E-Discovery Vendors
      • Flexibility and cost of vendors
      • Different tools provide different benefits
    • Search Tools and Search Terms
      • Search process enhancement
      • Coordinating w/ opposing counsel
      • Different tools will give you different results
      • Practical considerations:
        • Searching your own docs vs. opposing production
        • Native productions
    • Filtering Methods
      • Search technology
      • Sampling and document analytics
  • Conclusion
    • Goal is to not lose, don’t do anything wrong – on the defensive side
    • May win on offensive discovery

Who Should Attend

  • Lawyers
  • Legal Counsel
  • Legal Administrators
  • E-Discovery Lawyers
  • E-Discovery Managers

E-Discovery Advice For Lawyers

Sunil Ohri, Of Counsel
Stein Mitchell Cipollone Beato & Missner LLP

Randall M. Paulikens, CPA/ABV/CFF/CITP, DABFA, Partner
WithumSmith+Brown, PC

AND

Salumeh R. Loesch, Attorney
Klarquist Sparkman, LLP

  • Introduction
    • Best practices, pitfalls to avoid in E-Discovery
  • Information as a litigation risk
    • Practical considerations
      • Quantity of emails
      • Variety – significant challenges of managing information
      • Data is constantly changing/storing
  • Identification of relevant data/ESI sources and defensible legal holds
    • Issues:
      • Identifying what’s at issue and where your documents are
      • Who are your key people
      • Send out DRN immediately, and add to it
        • No spoliation
      • Keep updating DRN
    • Practical Considerations
  • Coordinating with opposing counsel
    • Setting groundwork for Rule 26 M&C
    • What form documents will be produced
    • Work with counsel throughout e-discovery process
    • Determine what kind of documents will be produced (i.e., emails)
  • Considerations w/ collections
    • Work w/ custodians (targeted collection)
      • Collect and code at the same time
    • Full forensic image of data set (entire harddrive, SP page, etc)
  • Restoring and Processing Data
    • Proportionality:  Balance b/n the value of the information you may pull back from a restore vs. costs
      • Coordinate w/ opposing counsel
    • Processing data:  what to produce natively and considerations in native products
      • Coordinate w/ opposing counsel
      • Practical considerations:
        • Formulas
        • Privilege concerns
  • Reviewing and Coding
    • Issues:
      • Get issue tags early
      • Review outline – understanding the issues makes review faster
      • Outsourcing review
      • TARR/analytics [Sunil]
    • Practical considerations
      • Costs
      • Work flow (trial team vs. review team)
      • Privilege docs
  • Producing responsive, non-privilege ESI
    • Production format
    • Rolling productions
    • Practical considerations:
      • Coordination w/ counsel
      • Native documents
        • How best to code
        • Placeholders
  • Logging withheld documents
    • Fields:  to/from
    • Summary of document:  email b/n X & Y
    • Basis of privilege:  AC/WP re X
    • Practical considerations:
      • Coordination w/ counsel
      • Too much information vs. not enough information
  • Maximizing efficiency/Minimizing costs
    • E-Discovery Vendors
      • Flexibility and cost of vendors
      • Different tools provide different benefits
    • Search Tools and Search Terms
      • Search process enhancement
      • Coordinating w/ opposing counsel
      • Different tools will give you different results
      • Practical considerations:
        • Searching your own docs vs. opposing production
        • Native productions
    • Filtering Methods
      • Search technology
      • Sampling and document analytics
  • Conclusion
    • Goal is to not lose, don’t do anything wrong – on the defensive side
    • May win on offensive discovery

E-Discovery Advice For Lawyers

E-Discovery Advice For Lawyers

Sunil OhriOf CounselStein Mitchell Cipollone Beato & Missner LLP

Sunil Ohri is Of Counsel with Stein Mitchell Cipollone Beato & Missner LLP.  Bridging the worlds of law and technology for more than two decades, Sunil has broad and deep experience in optimizing best practices and workflows to effectively control the document management life cycle - as part of a larger Information Governance methodology - and bring predictability to the legal spend associated with the Electronic Discovery Reference Model (EDRM).  He custom designs solutions for each individual client, with an understanding that information management practices and processes must fit seamlessly within the organization’s workflow and culture to succeed. As a trusted advisor, he combines this same legal expertise and technological know-how to proactively guide clients through critical dimensions of modern litigation – i.e., e-discovery and federal rules of procedure, risks, technology, and cost containment/management – to create a structured and sustainable litigation-prepared environment.

E-Discovery Advice For Lawyers

Randall M. Paulikens, CPA/ABV/CFF/CITP, DABFAPartnerWithumSmith+Brown, PC

Randy is a partner with WithumSmith+Brown, PC, and is part of the leadership team who directs the firm’s litigation, valuation and forensic accounting services unit. He has over 25 years of public accounting experience including business valuation, taxation, litigation support, and consulting. Randy has provided consultation services for various business mergers and acquisitions. This includes valuation of the entities involved, developing compensation agreements, and legal structure, as well as financial feasibility analysis.

Randy has also performed all phases of litigation support including lost profits calculations, bankruptcies, forensic accounting, matrimonial accounting, wrongful death calculations, business valuations, and discovery. He has represented all sizes of clients from small solo practitioner professional practices to large Fortune 100 public companies. He has many years of traditional accounting experience including the taxation and reporting for closely-held businesses.

Randy holds a bachelor’s degree in economics (with a minor in physics) from Rutgers University, NJ. He is a certified public accountant and is a member of the American Institute of Certified Public Accountants (AICPA), where he is Accredited in Business Valuation (ABV), Certified in Financial Forensics (CFF) and a Certified Information Technology Professional (CITP). He is also a member of the New Jersey Society of Certified Public Accountants (NJSCPA). He is also a board member of Court Appointed Special Advocates for Children of Monmouth County (CASA). He is also a Diplomate of the American Board of Forensic Accounting (DABFA) and is an associate member of the Association of Certified Fraud Examiners.

Randy has published numerous articles on forensic accounting, income taxes, valuation, as well as editing publications for other authors. He is a frequent speaker at various professional conferences, including the NJSCPA, National Association of Certified Valuation Analysts (NACVA), and others.

E-Discovery Advice For Lawyers

Salumeh R. LoeschAttorneyKlarquist Sparkman, LLP

Ms. Loesch litigates intellectual property matters in Federal Courts around the country, representing a variety of clients on a broad range of intellectual property issues. She has extensive experience managing complex litigations, including participating in trials, taking and defending depositions, and managing discovery. Discovery can be burdensome for large and small clients alike, and many cases are often won or lost during discovery. Ms. Loesch focuses her practice on making discovery as seamless as possible for clients, and as effective and efficient as possible to win or resolve the litigation.


Click Here to Read Additional Material

E-Discovery Advice For Lawyers

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   On-demand Webcast

Prerequisite:
   NONE

Course Code:
   145120

NASBA Field of Study:
   Specialized Knowledge and Applications

NY Category of CLE Credit:
   Areas of Professional Practice

Total Credits:
    2.0 CLE

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About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

Stein Mitchell Cipollone Beato & Missner LLP combines the skills of seasoned litigators with the flexibility and personal touch of a dynamic law firm that has made a difference for our clients for nearly half a century. We are recognized as “the small firm that takes on big cases and wins” and are committed to exceeding each client’s objectives and expectations.  Our long-term clients value our experience, agility and dependability in handling complex, high-stakes legal matters. Personal attention, collaboration, cost-effective and successful results are the hallmarks of the service our clients have come to expect. 

Our clients look to us to give them an edge by developing creative solutions to complex problems aimed at securing winning outcomes. Well-defined goals, clear strategies, disciplined implementation, and rigorous attention to detail allow us to meet and exceed our clients’ legal and business needs.  We employ a time-tested approach to our clients’ legal needs to ensure their objectives are met and manage every case with intensive organization as we begin preparing for trial from day one.

To reduce litigation costs and streamline the path to success, we use discovery and motions practice to focus on core issues and minimize expense. Our approach is founded on an early focus on key issues and ultimate goals in order to deliver a timely and successful outcome.  Our experience and size give us the capacity to respond efficiently and effectively to dynamic client requirements throughout various stages of litigation.

Assembling the right team of attorneys and experts allows us to pivot into action with the scalable resources to respond decisively to any situation. Our well-earned reputation as a top-tier litigation firm with a national practice rests not only on our history of success over half a century, but also on the on-going confidence of our clients who entrust us with their most complex and challenging legal matters.

Website: https://www.steinmitchell.com/

WithumSmith+Brown, Certified Public Accountants and Consultants, is a full-service CPA firm ranking 6th largest in the Northeast and 28th largest in the country. For over 40 years, Withum has provided an elite level of service and quality to individual and corporate clients alike, with industry expertise to include Manufacturing, Not-for-Profit, Real Estate, Healthcare, Technology, Financial Services, Life Sciences, Professional Services and others. The firm offers one of the largest litigation support teams in the Metro NY area, focused on helping you achieve success in court. Expertise includes Business Investigations, Expert Testimony, Forensic Accounting Business Valuations, Matrimonial Accounting, Damage Measurement, Estate & Trust Matters, Bankruptcy and Integrity Monitoring Services.

Website: https://www.withum.com/

With a history of 74 years, Klarquist is one of the oldest and largest full-service intellectual property boutique firms in the Northwest. Klarquist professionals offer clients both technical expertise and legal experience in all facets of intellectual property acquisition, licensing, and litigation in virtually any area of technology.

Website: https://klarquist.com/

Sunil Ohri is Of Counsel with Stein Mitchell Cipollone Beato & Missner LLP.  Bridging the worlds of law and technology for more than two decades, Sunil has broad and deep experience in optimizing best practices and workflows to effectively control the document management life cycle - as part of a larger Information Governance methodology - and bring predictability to the legal spend associated with the Electronic Discovery Reference Model (EDRM).  He custom designs solutions for each individual client, with an understanding that information management practices and processes must fit seamlessly within the organization’s workflow and culture to succeed. As a trusted advisor, he combines this same legal expertise and technological know-how to proactively guide clients through critical dimensions of modern litigation – i.e., e-discovery and federal rules of procedure, risks, technology, and cost containment/management – to create a structured and sustainable litigation-prepared environment.

Randy is a partner with WithumSmith+Brown, PC, and is part of the leadership team who directs the firm’s litigation, valuation and forensic accounting services unit. He has over 25 years of public accounting experience including business valuation, taxation, litigation support, and consulting. Randy has provided consultation services for various business mergers and acquisitions. This includes valuation of the entities involved, developing compensation agreements, and legal structure, as well as financial feasibility analysis.

Randy has also performed all phases of litigation support including lost profits calculations, bankruptcies, forensic accounting, matrimonial accounting, wrongful death calculations, business valuations, and discovery. He has represented all sizes of clients from small solo practitioner professional practices to large Fortune 100 public companies. He has many years of traditional accounting experience including the taxation and reporting for closely-held businesses.

Randy holds a bachelor’s degree in economics (with a minor in physics) from Rutgers University, NJ. He is a certified public accountant and is a member of the American Institute of Certified Public Accountants (AICPA), where he is Accredited in Business Valuation (ABV), Certified in Financial Forensics (CFF) and a Certified Information Technology Professional (CITP). He is also a member of the New Jersey Society of Certified Public Accountants (NJSCPA). He is also a board member of Court Appointed Special Advocates for Children of Monmouth County (CASA). He is also a Diplomate of the American Board of Forensic Accounting (DABFA) and is an associate member of the Association of Certified Fraud Examiners.

Randy has published numerous articles on forensic accounting, income taxes, valuation, as well as editing publications for other authors. He is a frequent speaker at various professional conferences, including the NJSCPA, National Association of Certified Valuation Analysts (NACVA), and others.

Ms. Loesch litigates intellectual property matters in Federal Courts around the country, representing a variety of clients on a broad range of intellectual property issues. She has extensive experience managing complex litigations, including participating in trials, taking and defending depositions, and managing discovery. Discovery can be burdensome for large and small clients alike, and many cases are often won or lost during discovery. Ms. Loesch focuses her practice on making discovery as seamless as possible for clients, and as effective and efficient as possible to win or resolve the litigation.

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