E-Discovery and the FRCP: Changes Afoot for Data Governance and Management in 2015
Recently, proposed amendments have been made to the US Federal Rules of Civil Procedure (FRCP) for Data Governance and Management. These changes, to be implemented in 2015, will address some common concerns regarding e-Discovery, including the fact that the process takes too long, is too expensive, is not proportional, fails to preserve information, and is regulated vaguely.
In this 2-hour live webcast, a panel of key thought leaders, organized by The Knowledge Group, will provide an overview of how the revised FRCP rules will affect Data Governance and Management for e-Discovery and the law firms undertaking such discovery.
Some of the major topics that will be covered in this course are:
- FRCP Rule Amendments
- Proportionality and Preservation
- Regulatory Changes for E- Discovery
- Data Governance and Management Practices
- Information Security Risk Mitigation
Cullen and Dykman LLP
King & Spalding
- Introduction: Fifteen years ago, discovery was generally confined to boxes of documents which were manually reviewed by legions of associates. The volume of data/documents per case has increased exponentially and initial “reviews” are performed by computers using predictive coding.
- Duty to Preserve, Spoliation, and Sanctions: Rule 37(e)
- Addresses parties’ failure to preserve electronically stored information or “ESI”
- Most debated / controversial amendment
- Creates a new federal standard for sanctions resulting from spoliation; seeks to ensure a more uniform response from federal courts regarding the loss of ESI
- Expansion of the “safe harbor” provision – sanctions only if party acted “willfully” or in “bad faith”
- Practical effects of Rule 37(e): look at potential consequences for the future of ESI production
- What are “reasonable steps” to preserve ESI?
- How do you anticipate potential litigation?
- Potential decrease in preservation costs and supplementary spoliation litigation
- Rule 37(e) exception: allows sanctions - even without a finding of willfulness or bad faith - if the loss of information “irreparably deprives” a party of its ability to prosecute or defend the action
- Will this exception swallow the rule?
- Judicial discretion
- Scope of Discovery: Rule 26(b)(1)
- Limits discovery to that which is “proportional to the needs of the case”
- Impact on volume of information that is subject to production
- What will “proportionality” really mean in practice?
- Potential increase in challenges to limit/expand scope of discovery
- Overly restrictive and detrimental to plaintiffs?
- Preservation Policies and Training
- Internal policies need to be updated
- Training regarding duty to preserve, spoliation, sanctions, etc.
Who Should Attend:
- Data Security Officers
- Civil and Criminal Litigators
- eDiscovery Attorneys
- Data Management Officers
- Compliance and Risk Officers
- IP and Copyright Consultants
Cynthia Augello is a partner in the firm's Commercial Litigation Department. She has represented clients of the firm in matters involving breach of contract, breach of fiduciary duty, whistleblowers, covenants not to compete, civil rights issues, sexual harassment and discrimination based on disability, religion, race and sex under the New York State Human Rights law, the New York City Human Rights Law, Title VI, the Rehabilitation Act of 1973 and Title VII.
Since graduating from Hofstra University School of Law and joining the firm as an associate, Ms. Augello has prepared and presented CLE seminars on electronic discovery and sexual harassment in the workplace. Ms. Augello is a founding member of the firm’s e-discovery group and has developed cost-effective strategies for handling a variety of e-discovery issues for clients. As a member of the E-Discovery group, Ms. Augello regularly develops and reviews document retention policies to ensure compliance with the litigation hold process, e-discovery obligations and statutory/regulatory requirements. Ms. Augello worked for the firm in the Banking Department and as a summer associate while attending law school.
Cynthia Augello is a partner in the firm's Commercial Litigation Department. She has represented clients of the firm in matters …
Arthur C. Fahlbusch, Jr., King & Spalding LLP, Atlanta, GA. Arthur is a commercial and product liability litigator with experience in all phases of litigation in state and federal courts. For more that fifteen years, his practice has focused on discovery issues and the discovery of electronically stored information in complex litigation. As National Discovery counsel for corporations, he has regularly provided legal advice to in-house and outside counsel concerning discovery issues, including the collection, preservation, review and production of electronically stored information. He also has substantial experience in litigating privilege issues. He frequently speaks on electronic discovery and privilege.
Arthur C. Fahlbusch, Jr., King & Spalding LLP, Atlanta, GA. Arthur is a commercial and product liability litigator with experience …
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Method of Presentation:
NASBA Field of Study:
Specialized Knowledge and Applications
NY Category of CLE Credit:
Areas of Professional Practice
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About Cullen and Dykman LLP
Drawing on a depth of experience and a rich tradition and history that bridges three centuries, Cullen and Dykman LLP is a solution-oriented general practice law firm. Cullen and Dykman LLP has been serving institutional and individual clients in the New York metropolitan area since 1850. The firm’s commitment to quality, cost-effective legal services has helped Cullen and Dykman LLP build long-term relationships with clients in all types of industries. Cullen and Dykman LLP offers a wide range of comprehensive legal services, including banking, corporate, energy, real estate, litigation, labor, municipal and trust and estates. The firm’s offices are strategically located to best serve our clients. Cullen and Dykman LLP have full service offices in Garden City (one of the largest law offices on Long Island), Wall Street (Manhattan), Albany (New York State's capital), and Washington D.C., as well as offices located in Brooklyn Heights and Newark, New Jersey. The firm’s mission is to provide all of its clients — from individuals and small businesses to large utilities and financial service companies — with innovative and practical legal advice. The firm invites you to contact us to learn how Cullen and Dykman LLP can assist you with your legal needs.
About King & Spalding
King & Spalding is an international law firm that represents a broad array of clients, including half of the Fortune Global 100. The firm’s practice spans the full range of litigated, regulatory and transactional work, with substantial expertise in antitrust, energy, environmental, finance, financial restructuring, government advocacy and public policy, healthcare, intellectual property, international arbitration, government investigations, international trade, life sciences, mergers and acquisitions, private equity, project development, real estate, tax and tort matters. The firm has more than 800 lawyers in 17 offices in the United States, Europe, the Middle East and Asia.