Electronic Discovery

As electronic information grows more and more prevalent, so do the challenges (and opportunities) of e-discovery for attorneys, their clients and the courts.

Metadata is data about data, and its existence only in electronic information is one of the reasons that e-discovery poses new challenges and opportunities for attorneys, their clients and the courts.

This course — skillfully presented by former U.S. Magistrate Judge Ron Hedges — focuses on discovery of information that is generated and stored in complex systems.

Requests for such information, and disputes arising from the preservation and production of electronic information, have become common in the federal civil justice system and, increasingly, in state courts.

Ron will address how the Federal Rules of Civil Procedure and the 2006 amendments to those Rules govern discovery of electronic information. He will explore the horizon for rules and procedures, so you can ready your practices for the coming trends. He will also examine issues arising from the confidentiality of electronic information, the ethical duties of lawyers with regard to electronic information, and the presentation of evidence in electronic format, as well as issues of confidentiality and public access. Ron will also review newly-enacted Federal Rule of Evidence 502, which deals with waiver of privilege and work product.

This course is also available as a 3-hour program.

Program Outline & Schedule (6 hours)

[Part I: 90 minutes]

• Introduction to course.
• Introduction to terminology.
• Overview of the 2006 amendments to the Federal Rules of Civil Procedure.
• Requesting discovery and responding to discovery requests (form of production, cost-bearing, sampling, etc.).

• "Initial" duties of attorneys and clients in e-discovery context (litigation hold and duty to preserve; preparation for disclosure and discovery).
• The Rule 26(f) conference and cooperation throughout litigation.
• Spoliation and Rule 37(e).

• The "criminalization" of records destruction and e-discovery in the criminal area.
• "Ephemeral" information.
• Privilege and waiver, workplace privacy, and Rule 502.

[15 minute break]

[Part IV: 90 minutes]

• Transnational e-discovery.
• Admissibility issues.
• Ethics and Confidentiality.
• Course wrap up.