Efficient and Effective Electronically Stored Information (ESI) Management: Mitigating Risks of E-Discovery Rule Violations
Over the years, advances in technology have changed the way people create, share, and store information. The preservation and collection of Electronically-Stored Information (ESI) is commonplace today. Emails, spreadsheets, presentations, memos, text, videos, and pictures can be potentially sources of data for litigation. The challenge is the variety of systems in which the data is stored. With the growth of social media, cloud-based computing, smartphone calling and messaging, the volume of data increases exponentially.
The rapid pace of data production has created significant burdens for businesses. For example, in Zubulake v. UBS Warburg, LLC, ESI was used against an employer in a wrongful termination. Similarly, the cost of identifying and locating relevant ESI has become increasingly prohibitive for law firms. Predictive Coding, or Technology Assisted Review (TAR), has emerged as an approved method to reduce the costs of e-discovery, and courts are becoming more familiar with the legal issues of collection and production of ESI. New amendments to the Federal Rules of Civil Procedure will allow for more discretion in imposing sanctions for e-discovery violations.
To minimize problems and costs relating to ESI, it’s important for companies to develop sound preservation and collection plans than include scoping of potentially relevant data sources and pragmatic collection strategies.
In this two-hour LIVE Webcast, a panel of key thought leaders and practitioners assembled by The Knowledge Group will discuss the trends in Efficient and Effective Electronically Stored Information (ESI) Management in Mitigating Risks of E-Discovery Rule Violations. The panel of speakers will provide a general outline of best practices for companies and their professionals regarding the discovery, identification, and preservation of ESI. The speakers will also address some recent major cases that highlight the potential scope and severity of sanctions due to failure to identify and preserve ESI under the latest amendments to the FRCP regulations.
Some of the major topics that will be covered in this course are:
- Electronically Stored Information – An Overview
- Common E-Discovery Over-sights
- Information as a Litigation Risk
- Relevant ESI Sources and Repositories
- Collecting, Restoring, and Processing Data
- Producing Responsive, Non-privileged ESI
- Choosing E-Discovery Vendors
- Maximizing Cost Efficiency
- Compliance Risk Mitigation
Megan A. Scheiderer, Attorney
- Most common sources of ESI relevant to typical litigation
- Using collection as a preservation tool
- Talking to IT, understanding systems, and interviewing custodians
Brett M. Doran, Shareholder
Greenberg Traurig, LLP
- Highlights from FRCP rule changes and impact on ediscovery
- Strategic transparency as a way to curtail discovery spending, avoid trouble with the judge and win disputes
- Defensible culling of collected data to control costs and burden in production
Mario Aieta, Partner
Satterlee Stephens Burke & Burke LLP
- What do the cases say about ending a hold?
- Consequences of not implementing a procedure for ending a hold.
- How to terminate a hold.
Who Should Attend:
- Legal Counsel
- E-Discovery Lawyers
- IT Lawyers
- E-Discovery Managers
- Records & Information Directors/Managers
- IT Professionals
- Technology Firms and Others
- Other Related/Interested Professionals
Brett M. Doran is a Litigation Shareholder in Greenberg Traurig’s Chicago office. He concentrates his practice on commercial litigation, with a focus on consumer class action litigation, data security breach litigation, financial services industry litigation and arbitration, internal and regulatory investigations, and business torts and contract disputes. He also has experience in representing clients in consumer defense, labor and employment litigation, government contracts, and federal appeals. He is a member of the firm’s national eDiscovery and eRetention Practice Group.
Brett M. Doran is a Litigation Shareholder in Greenberg Traurig’s Chicago office. He concentrates his practice on commercial litigation, with …
Mr. Aieta represents public companies, privately held companies and individuals in complex commercial litigation, including intellectual property litigation; securities litigation and securities investigations; and employment discrimination litigation. Mr. Aieta advises clients regarding various intellectual property and technology issues, including patents, trademarks, copyrights, publicity rights and the maintenance and disclosure of electronically stored information. Mr. Aieta is a named inventor on four U.S. issued patents and has maintained a paperless office since 1994.
Mr. Aieta represents public companies, privately held companies and individuals in complex commercial litigation, including intellectual property litigation; securities litigation …
As Assistant Chair of Husch Blackwell LLP’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 an alumnus of Georgetown Law’s eDiscovery Training Institute. She has twice 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.
As Assistant Chair of Husch Blackwell LLP’s eDiscovery Solutions team, Megan Scheiderer provides discovery management and consultation, document review and …
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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 Greenberg Traurig, LLP
Greenberg Traurig is an international law firm with approximately 1800 attorneys and governmental affairs professionals in 37 commercial and government centers across the United States and in Latin America, Europe, the Middle East and Asia. The firm provides integrated, business-focused legal services for clients ranging from Fortune 500 corporations to innovative start-ups. Greenberg Traurig’s Litigation Practice comprises more than 600 litigators across a global platform. The exceptionally broad practice serves both domestic and international clients in the following areas: antitrust and competition, appellate, commercial litigation, class actions, construction, eDiscovery and eRetention, environmental, FCPA and global anti-corruption, fiduciary litigation, financial services, IP litigation, international dispute resolution, labor and employment, media and entertainment, products liability including pharmaceutical and medical device and health care litigation, real estate litigation, securities and shareholder litigation, technology, trial practice, and white collar criminal defense. Please visit www.gtlaw.com.
About Satterlee Stephens Burke & Burke LLP
Since 1894, we have been building a history of success, helping clients solve challenging legal problems and achieve their commercial and personal goals. In our 120-year history, we have represented numerous companies and individuals recognized as great American success stories. The firm represented Mark Twain and was responsible for both naming and incorporating General Motors. A partner, Harlan Fiske Stone, went on to become Chief Justice of the U.S. Supreme Court. This record of success continues. Today, we represent companies that are leaders in their fields, including major global financial institutions, multinational consumer products companies, information technology companies, leading pharmaceutical and medical device companies, publishers, insurers, media companies, and some of the world’s largest fashion and apparel companies. We are a dynamic, mid-sized firm, offering clients a value proposition larger firms often find difficult to achieve. We are nimble, innovative and efficient, tailoring the team to fit the matter at hand. Our approach to the practice of law is forward thinking and emphasizes four key elements: quality, service, results and cost-effectiveness. Our goal is to achieve our clients’ immediate objectives, while also protecting and advancing their long-term interests. That is our legacy—and our promise today and tomorrow. We can help you succeed.
About Husch Blackwell
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.
Husch Blackwell’s Litigation team has the experience and skills to steer you through the litigation process and achieve victory in or out of court. Our eDiscovery attorneys and technology professionals manage all aspects of eDiscovery, protect our clients’ business and litigation interests and reduce costs. We leverage our experience and substantial resources to make eDiscovery an advantage in litigation, rather than an expensive distraction.