HomeWebcastLegal Series for 2011: Common Discovery Issues in Employment Litigation
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Legal Series for 2011: Common Discovery Issues in Employment Litigation

Live Webcast Date: Friday, August 19, 2011 from 12:00 pm to 2:00 pm (ET)
Legal (CLE)Recording

Join us for this Knowledge Group Webinar. The growing complexities of discovery issues like document preservation and e-discovery in employment litigation make labor and employment cases especially challenging for companies in 2011. Discovery can be a time consuming process with many potential pitfalls.

This Knowledge Group webcast: Common Discovery Issues in Employment Litigation aims to put you in the know with respect to understanding key issues surrounding discovery and employment litigation. Discovery experts will take you through a realistic example providing an end-to-end discussion of the most significant issues affecting the discovery process.

In our hypothetical scenario we’ll take you through how a large international firm deals with a punitive class action lawsuit brought about by a scorned employee who claims sex discrimination and retaliation by the company for her taking maternity leave. The stage is set and the stakes are high.

Some of the key issues addressed will include:

  1. Reaction: Stop, assess, & act: The first four critical moves.
  2. Protection: Settling in for the fight: critical steps you need to take.
  3. Prevention: How do we protect ourselves for the next time?

Join this webcast to hear the story of how our company handled this precarious situation. Take away valuable lessons in how to expertly manage critical issues concerning discovery and employment litigation. This is a must attend event for anyone interested in understanding the most significant discovery issues in employment litigation. Enroll in this course today. Click the “Register” button below. Hurry as space is limited and discounts apply for early registrants.

Agenda

Setting Up the Scenario

-Conclusion and Wrapping Up the Scenario

  1. Stop, assess, act – what are the first 4 things that BTA should do?
    1. Protecting privilege
    2. Issuing the legal hold
    3. Identifying and preserving evidence
    4. Retaining an expert; whether to use labor economist who conducted prior study; assessment of risks and benefits of doing so
      1. Forensics – Do i need to image?
      2. Accessible versus inaccessible – cross-border discovery issues
      3. The cloud
      4. Social media
  2. Now that we have settled in for a fight -what next.
    1. Preparing for the discovery conference – keeping an eye on costs.
    2. Managing the privilege and balancing privacy concerns with employee communications & International implications associated with employees located in the us, uk, france and japan
  3. How do we keep this from happening again? How can we do better next time?

Who Should Attend

  • Employment Litigation Practicing Lawyers
  • Attorneys
  • General Counsel
  • Private companies
  • Public companies
  • C-Level
  • Legal Officers
  • In-house Lawyers
  • Senior Management

Setting Up the Scenario

-Conclusion and Wrapping Up the Scenario

  1. Stop, assess, act – what are the first 4 things that BTA should do?
    1. Protecting privilege
    2. Issuing the legal hold
    3. Identifying and preserving evidence
    4. Retaining an expert; whether to use labor economist who conducted prior study; assessment of risks and benefits of doing so
      1. Forensics – Do i need to image?
      2. Accessible versus inaccessible – cross-border discovery issues
      3. The cloud
      4. Social media
  2. Now that we have settled in for a fight -what next.
    1. Preparing for the discovery conference – keeping an eye on costs.
    2. Managing the privilege and balancing privacy concerns with employee communications & International implications associated with employees located in the us, uk, france and japan
  3. How do we keep this from happening again? How can we do better next time?

Stephen L. StewartChief Technology OfficerNuix

With over twelve years of experience, Stewart has worked with numerous enterprise customers to design, deploy, and support email and file archiving solutions for regulatory compliance and eDiscovery objectives. As the Chief Technology Officer at Nuix, Stewart is responsible for evolving Nuix’s forensic technologies into a leading solution in the eDiscovery and corporate investigation markets. Stewart previously worked at ESI Strategies, the consulting division of RVM, was the Subject Matter Expert for Discovery and Archiving at CommVault and spent seven years at EMC enabling customers to build processes to effectively respond to electronic discovery requests. Stewart is a frequent speaker in both the legal and IT communities regarding the challenges of e-mail archiving, discovery and data management..

Jenni FieldPartnerBaker & McKenzie LLP

Ms. Field represents management in all aspects of employment-related state and federal litigation, from initial stages of allegations through government and internal investigations, discovery and litigation. Her representative experience includes wage and hour issues (compensation, commissions, bonuses, meal/rest break claims, and exemption misclassification, on individual and class-wide bases), wrongful termination and breach of contract, discrimination, harassment, retaliation, whistle-blowing, and defamation. Ms. Field also provides advice and counseling to top management and HR on state and federal employment laws, company policies, and employee disputes and investigations, including issues relating to compensation, exemptions, commissions, and bonus plans, competitive hiring, arbitration and non-competition agreements, contractor issues, discrimination or retaliation complaints, reductions in force, employment handbooks and policies, record-keeping, and executive and staff-level employment and severance agreements.

Kenneth W. GagePartner, Employment DepartmentPaul Hastings LLP

Kenneth Gage is a partner in the Paul Hastings Employment practice. He represents employers in a wide range of federal and state employment litigation matters. He handles a wide range of employment matters from pre-litigation counseling through trials and appeals. His litigation experience includes defendants’ verdicts in several jury trials involving age, race, and sex discrimination claims, retaliation claims, and state common law claims, as well as numerous summary judgment rulings. Mr. Gage tried a state wage-and-hour class action to a defendant’s verdict. He has successfully defeated class certification in a pattern and practice race discrimination case under Title VII, as well as conditional certification in federal wage and hour cases. He has successfully argued several appeals in state and federal courts. In addition, with his extensive litigation experience, Mr. Gage regularly counsels employers on litigation avoidance and best practices.

Mr. Gage is listed in the 2006 and 2007 editions of Chambers USA America’s Leading Lawyers for Business. He received his B.S. degree from the University at Buffalo (cum laude) in 1988 and his J.D. degree from the University of Buffalo in 1991. He is admitted to practice in state and federal courts in Connecticut, Illinois, and New York, federal district court in the Eastern District of Michigan, the U.S. Courts of Appeals for the Second, Sixth and Seventh circuits and the U.S. Supreme Court. After law school, he served as law clerk to the Honorable Thomas J. McAvoy, then-chief judge of the U.S. District Court for the Northern District of New York.

Don KohtzManaging Director, Legal SolutionsemContinuum Worldwide

Don Kohtz is the managing director of Legal Solutions at Continuum Worldwide.

Don has presented, published, and consulted on the topics of electronic discovery (eDiscovery) and electronically stored information (ESI) matters; litigation readiness; legal considerations with social media; digital & computer forensics; best practices for first responders collecting electronic evidence; cell phone forensics; insurance fraud; internal investigations; risk mitigation; and compliance matters.

Don holds a Bachelor of Science degree, a Doctorate of Jurisprudence, and is certified as a HIPAA Professional (HIPPAP). He is a member of the Nebraska and Missouri state Bar Associations. He is also licensed and practices in the state and federal U.S. District Courts in the states of Nebraska and Missouri, the Eighth Circuit Court of Appeals and the Supreme Court of the United States of America.


Click Here to Read Additional Material

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   On-demand Webcast

Prerequisite:
   NONE

Course Code:
   114159

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.

Nuix makes the world’s fastest and most advanced eDiscovery and electronic investigation software. With revolutionary processing speeds and scalability, Nuix enables litigation support vendors, law firms and corporations to take control of their eDiscovery process, slashing the time and cost and delivering fact-based answers to clients in record time. Nuix has customers in 25 countries including major law firms, corporations, financial institutions, advisory firms, litigation support firms as well as all of the world’s leading corporate regulators including the SEC (US), ASIC (Australia), the FSA and SFO (UK) and the JSEC (Japan). See nuix.com for more information.

Website: https://www.nuix.com/

Founded in 1949, Baker & McKenzie advises many of the world’s most dynamic and successful business organizations through more than 3,750 locally qualified lawyers and over 5,700 professional staff in 69 offices in 41 countries. Baker & McKenzie is known for having a deep understanding of the language and culture of business, an uncompromising commitment to excellence, and world-class fluency in its client service.

Website: https://www.bakermckenzie.com/

Continuum Worldwide is a full service litigation support partner. Their services include preservation and collection, processing and hosting, to review and production of electronic data. Continuum’s service delivery approach includes a dedicated project manager who coordinates the workflow and management of each project. Its technical group is available to address any desired enhancements to processing or reporting as necessitated by each project. Continuum believes communication is critical to the successful outcome of any E-Discovery project. Each client is regularly updated on the progress and any challenges that arise during the project lifecycle. Continuum draws from a deep pool of experts with decades of experience and a broad base of credentials to ensure that high-volume and high-urgency projects are in confident hands. All of Continuum’s consulting and litigation support services are defensible and repeatable, giving our clients a resource they can count on.

Website: https://www.continuumww.com/

With over twelve years of experience, Stewart has worked with numerous enterprise customers to design, deploy, and support email and file archiving solutions for regulatory compliance and eDiscovery objectives. As the Chief Technology Officer at Nuix, Stewart is responsible for evolving Nuix’s forensic technologies into a leading solution in the eDiscovery and corporate investigation markets. Stewart previously worked at ESI Strategies, the consulting division of RVM, was the Subject Matter Expert for Discovery and Archiving at CommVault and spent seven years at EMC enabling customers to build processes to effectively respond to electronic discovery requests. Stewart is a frequent speaker in both the legal and IT communities regarding the challenges of e-mail archiving, discovery and data management..

Ms. Field represents management in all aspects of employment-related state and federal litigation, from initial stages of allegations through government and internal investigations, discovery and litigation. Her representative experience includes wage and hour issues (compensation, commissions, bonuses, meal/rest break claims, and exemption misclassification, on individual and class-wide bases), wrongful termination and breach of contract, discrimination, harassment, retaliation, whistle-blowing, and defamation. Ms. Field also provides advice and counseling to top management and HR on state and federal employment laws, company policies, and employee disputes and investigations, including issues relating to compensation, exemptions, commissions, and bonus plans, competitive hiring, arbitration and non-competition agreements, contractor issues, discrimination or retaliation complaints, reductions in force, employment handbooks and policies, record-keeping, and executive and staff-level employment and severance agreements.

Kenneth Gage is a partner in the Paul Hastings Employment practice. He represents employers in a wide range of federal and state employment litigation matters. He handles a wide range of employment matters from pre-litigation counseling through trials and appeals. His litigation experience includes defendants’ verdicts in several jury trials involving age, race, and sex discrimination claims, retaliation claims, and state common law claims, as well as numerous summary judgment rulings. Mr. Gage tried a state wage-and-hour class action to a defendant’s verdict. He has successfully defeated class certification in a pattern and practice race discrimination case under Title VII, as well as conditional certification in federal wage and hour cases. He has successfully argued several appeals in state and federal courts. In addition, with his extensive litigation experience, Mr. Gage regularly counsels employers on litigation avoidance and best practices.

Mr. Gage is listed in the 2006 and 2007 editions of Chambers USA America’s Leading Lawyers for Business. He received his B.S. degree from the University at Buffalo (cum laude) in 1988 and his J.D. degree from the University of Buffalo in 1991. He is admitted to practice in state and federal courts in Connecticut, Illinois, and New York, federal district court in the Eastern District of Michigan, the U.S. Courts of Appeals for the Second, Sixth and Seventh circuits and the U.S. Supreme Court. After law school, he served as law clerk to the Honorable Thomas J. McAvoy, then-chief judge of the U.S. District Court for the Northern District of New York.

Don Kohtz is the managing director of Legal Solutions at Continuum Worldwide.

Don has presented, published, and consulted on the topics of electronic discovery (eDiscovery) and electronically stored information (ESI) matters; litigation readiness; legal considerations with social media; digital & computer forensics; best practices for first responders collecting electronic evidence; cell phone forensics; insurance fraud; internal investigations; risk mitigation; and compliance matters.

Don holds a Bachelor of Science degree, a Doctorate of Jurisprudence, and is certified as a HIPAA Professional (HIPPAP). He is a member of the Nebraska and Missouri state Bar Associations. He is also licensed and practices in the state and federal U.S. District Courts in the states of Nebraska and Missouri, the Eighth Circuit Court of Appeals and the Supreme Court of the United States of America.

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