HomeWebcastEffectively Managing eDiscovery Issues in the Wake of FRCP Amendments: Lawyer-IT Specialist Communication Is Key
Ediscovery Issues Frcp Amendments CLE CLE

Effectively Managing eDiscovery Issues in the Wake of FRCP Amendments: Lawyer-IT Specialist Communication Is Key

Live Webcast Date: Wednesday, July 27, 2016 from 10:00 am to 12:00 pm (ET)
eDiscovery CLE & CPERecording

Ediscovery Issues Frcp Amendments CLE

On December 1, 2015, amendments to the Federal Rules of Civil Procedure (FRCP) took effect impacting numerous aspects of civil litigation particularly the use of electronic discovery. In essence, the new Rule 26(b)(1) states that a party seeking discovery of relevant, non-privileged information must show, before anything else, that the discovery sought is proportional to the needs of the case. The new rule aims to directly control the scope of discovery to avoid unnecessary cost and time.

In addition, the amended Rule 4(m) combined with Rule 34 encourages cooperation between parties to keep eDiscovery scope manageable and processes timely. In Rule 37(e), there can now be court sanctions if proper preservation of electronically stored information (ESI) is not maintained. These new rules encourage a more cooperative interaction between opposing parties, and as such, aid Rule 26 in establishing proportionality by keeping the litigation process on a tight leash.

Since eDiscovery is at the forefront of the changes, effective lawyer-IT specialist communication is needed more than ever. An attorney's ignorance in this matter may result in a failure to meet his duty of competence to his client. Therefore, it's better to consult with computer forensics or eDiscovery experts to have a full understanding of the IT infrastructure early on to address eDiscovery issues.

In this two-hour Webcast, a panel of distinguished professionals and thought leaders brought together by The Knowledge Group will help eDiscovery counsel, litigators and IT specialists understand the important aspects of ESI & eDiscovery FRCP amendments. They will provide the audience with an in-depth discussion of this significant topic. Speakers will also offer efficient and cost-effective practices in developing early and active case management of eDiscovery issues.

Key issues that will be covered in this course are:

  • 2015 Amendments to FRCP
  • Understanding Electronically Stored Information (ESI)
  • Early and Active Case Management
  • Compliance Risk Mitigation
  • Scope and Limitation
  • ESI Preservation Methods
  • Sanctions for Noncompliance

Who Should Attend

  • Civil Litigators
  • eDiscovery Counsel and Litigators
  • eDiscovery Managers and Litigation Support Professionals
  • IT Professionals
  • Computer Forensic Specialists
  • CIOs and CTOs
  • Data Management Officers
  • Records & Information Directors/Managers
  • Other Related/Interested Professionals

Faculty

Ediscovery Issues Frcp Amendments CLE
Gretchen E. Moore
Shareholder
Strassburger McKenna Gutnick & Gefsky
Ediscovery Issues Frcp Amendments CLE
Megan A. Scheiderer
Partner
Husch Blackwell
Ediscovery Issues Frcp Amendments CLE
Thomas H. Soehl
Attorney
Cohen & Grigsby, P.C.
Ediscovery Issues Frcp Amendments CLE
Mark Kindy
Managing Director
Alvarez & Marsal Global Forensic and Dispute Services, LLC
Ediscovery Issues Frcp Amendments CLE
William Olshan
Managing Director and Co-General Counsel
Lehman Brothers Holdings Inc.

Click Here to Read Additional Material

Ediscovery Issues Frcp Amendments CLE

SEGMENT 1: 
Gretchen E. Moore, Shareholder
Strassburger McKenna Gutnick & Gefsky

  • Introductory Segment
  • Federal Rule Amendments
    • Rule 26
    • Rule 37(e)
    • Rule 34
  • Practical Implications
  • Lessons from Recent Cases
  • State laws and federal rule changes

SEGMENT 2: 
Megan A. Scheiderer, Partner
Husch Blackwell

  • Early case assessment steps for formulating a discovery plan
  • Practical tools for a meaningful Rule 26f conference
  • Rule 26g and our obligations to plan ahead
  • Best practices for proportional preservation and collection

SEGMENT 3: 
Thomas H. Soehl, Attorney
Cohen & Grigsby, P.C.

  • eDiscovery as Education
  • Proportionality - Sword and/or Shield
  • The Team, the Team, the Team

SEGMENT 4: 
Mark Kindy, Managing Director
Alvarez & Marsal Global Forensic and Dispute Services, LLC

  • People, Process, Technology
  • Application Inventory & Data Map
  • Standard Repeatable & Defensible Processes
  • Tech to Tech Discussions
  • Don’t Play Game of Telephone

AND

William Olshan, Managing Director and Co-General Counsel
Lehman Brothers Holdings Inc.

  • Faster, cheaper, better – creative solutions to discovery obligations
  • Proportionality – understanding the burden of producing systems data
  • Optimizing accessibility of document and data productions       

Ediscovery Issues Frcp Amendments CLE

Ediscovery Issues Frcp Amendments CLE

Gretchen E. MooreShareholderStrassburger McKenna Gutnick & Gefsky

Gretchen E. Moore is a shareholder at Strassburger McKenna Gutnick & Gefsky and co-chair of the firm’s Litigation Practice Group. Her practice focuses on commercial and civil litigation and municipal law. Ms. Moore is actively involved in the firm’s legal technology research and development, particularly in the areas of data management and discovery. She has been certified as an eDiscovery specialist by the Association of Certified eDiscovery Specialists (ACEDS). Before entering law school, Ms. Moore was a research associate at the Urban Institute, a Washington, D.C. think tank. She also spent a year with AmeriCorps National Civilian Community Corps. Ms. Moore received a B.S., cum laude, and an M.S. from St. Joseph’s University, and a J.D. from University of Pittsburgh School of Law.  Among other groups, she is a member of ACEDS and is a board member of the Pittsburgh Chapter of Women in eDiscovery.

Ediscovery Issues Frcp Amendments CLE

Megan A. ScheidererPartnerHusch Blackwell

As Assistant Chair of Husch Blackwell’s eDiscovery Solutions team, Megan Scheiderer provides discovery management and consultation, document review and analysis, as well as education and training for clients across the firm. An experienced litigator, Megan represents corporate clients in business disputes and employment litigation, including discrimination claims and restrictive covenant litigation in jurisdictions across the nation. She brings this knowledge and training in both technical and legal aspects of eDiscovery to bear on client matters, steering the logistics of discovery in cases from start to finish, with specific focus on efficiency and defensibility.

Megan is a graduate of the University of Kansas School of Law and completed Georgetown Law’s eDiscovery Training Institute. She has been named a Missouri & Kansas Super Lawyer Rising Star in the area of Business Litigation. She was recently nominated to serve on the eDiscovery Local Rules committee for the United States District Court for the Western District of Missouri.

Ediscovery Issues Frcp Amendments CLE

Thomas H. SoehlAttorneyCohen & Grigsby, P.C.

Tom focuses his practice on commercial litigation, non-compete and trade secret litigation, intellectual property, and insurance coverage. He has represented international, national, and local clients in federal and state trial and appellate courts and in AAA arbitrations.  Tom has worked with forensic consultants as well as his clients’ IT specialists in a variety of ESI scenarios.

Ediscovery Issues Frcp Amendments CLE

Mark KindyManaging DirectorAlvarez & Marsal Global Forensic and Dispute Services, LLC

Mark Kindy is a Managing Director with Alvarez & Marsal’s Global Forensic and Dispute Services practice in New York, where he co-leads the Forensic Technology Services team and is a member of the Global Executive Committee. Mr. Kindy’s primary areas of concentration are Evidence & Discovery Management, Data Analytics and Visualization and Operations Management.  With more than 25 years of litigation, discovery and technology experience, Mr. Kindy has assisted corporations and law firms on all aspects of Litigation Readiness, Technology and Discovery process activities. Currently, Mr. Kindy is the CIO and is also leading the Data Mining & Analytics and eDiscovery teams on the Lehman Brothers Holdings, Inc. bankruptcy, assisting with the wind-down, claims adjudication processes and litigation.  

Ediscovery Issues Frcp Amendments CLE

William OlshanManaging Director and Co-General CounselLehman Brothers Holdings Inc.

Bill Olshan is a Managing Director and Co-General Counsel of Lehman Brothers Holdings Inc.  He has been responsible for managing the firm’s largest litigations, which include several multi-billion disputes involving the valuation of tens of thousands of terminated derivatives transactions and the largest ever securities portfolio foreclosure.  In addition, Mr. Olshan has lead the effort to manage the firm’s overall litigation strategy, including implementing novel approaches to discovery designed to improve the quality and efficiency of the review process.  Bill joined Lehman in July of 1990 after working as a litigation associate at Cadwalader, Wickersham and Taft and then Willkie Farr & Gallagher.

Ediscovery Issues Frcp Amendments CLE

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   On-demand Webcast

Prerequisite:
   NONE

Course Code:
   145501

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.

Founded in 2008 in Portland, Ore., Zapproved Inc. is a pioneer in developing cloud-hosted software for corporate legal departments. The Z-Discovery Platform returns power to in-house corporate legal teams and helps them navigate electronic discovery with minimal risk and cost, and it sets new standards for scalability and intuitive design. The company’s flagship product, Legal Hold Pro, is widely adopted by Fortune 500 and Global 2000 corporations and won the 2016 Legaltech News Innovation Awards for Best E-Discovery Legal Hold Product, and the company was named as a “vendor to watch” in the 2015 Gartner Magic Quadrant for E-Discovery. 

Strassburger, McKenna Gutnick & Gefsky is one of Pennsylvania’s leading law firms providing businesses and individuals with outstanding representation in complex litigation, business transactions, real estate, corporate matters, estate and asset protection, personal injury, family law and criminal law.  The firm has offices in Pittsburgh, Beaver and Greensburg and prides itself on working closely with clients to provide high quality, aggressive and comprehensive counsel.  For more information, please see www.smgglaw.com.

Website: https://www.smgglaw.com/

Husch Blackwell is an industry-focused, full-service litigation and business law firm with 16 offices across the U.S. and in London. We represent national and global leaders in major industries including energy and natural resources; financial services; food and agribusiness; healthcare, life sciences and education; real estate, development and construction; and technology, manufacturing and transportation.

Website: https://www.huschblackwell.com/

Cohen & Grigsby is a vibrant, growing middle market law firm comprised of more than 130 attorneys who practice in more than 30 distinct areas of the law, including mergers & acquisitions, business, tax, litigation, real estate, public finance, labor and employment, ERISA and employee benefits, bankruptcy and creditors' rights, estates and trusts, immigration, and intellectual property. Cohen & Grigsby has a healthy, growing, and diverse client base, including public and private companies located all over the world.  Cohen & Grigsby’s Litigation Group also has more than 50 lawyers who represent local, national and international businesses in a broad range of federal and state litigation from the initial prosecution or defense of a claim through discovery, settlement negotiations, trial, and appeal.

Website: https://www.cohenlaw.com/

Companies, investors and government entities around the world turn to Alvarez & Marsal (A&M) when conventional approaches are not enough to activate change and achieve results.

Privately held since 1983, A&M is a leading global professional services firm that delivers business performance improvement, turnaround management and advisory services to organizations seeking to transform operations, catapult growth and accelerate results through decisive action.  Our senior professionals are experienced operators, world-class consultants and industry veterans who leverage the firm's restructuring heritage to help leaders turn change into a strategic business asset, manage risk and unlock value at every stage.

Website: https://www.alvarezandmarsal.com/

On September 15, 2008, Lehman Brothers Holdings Inc. and certain of its subsidiaries (“the Lehman Estates”), filed the largest Chapter 11 bankruptcy proceeding in U.S. history.  Since that filing, the Lehman Estates have distributed almost $110 billion to its creditors.  Prior to its bankruptcy, Lehman was the fourth largest investment bank in the United States, offering an array of financial services in equity and fixed income sales, trading and research, investment banking, asset management, private equity and private investment management.

Website: https://www.lehman.com/

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