What s New in the World of ediscovery Case Law?

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1 What s New in the World of ediscovery Case Law? What You Don t Know Could Get You Sanctioned Gail Gottehrer Michael Landau September 23, 2014

2 Gail L. Gottehrer Partner, Axinn Veltrop & Harkrider, LLP Gail is a Partner in the litigation department of Axinn in New York and Connecticut. Her practice focuses on class action defense, management-side labor and employment litigation and other complex commercial matters. She is one of the few defense lawyers to have been involved in the trial of a class action to verdict before a jury. In addition to her practice, Gail is a Teaching Assistant at Columbia University for a course in Intellectual Property, Ethics and Litigation in Columbia s M.S. program in Information and Knowledge Strategy. She serves as the Director of the Connecticut Chapter of Women in ediscovery. She is a member of the Law Technology News Editorial Board. She is also a member of the Claims and Litigation Management Alliance s Cyber Liability Committee and its ediscovery and ESI Publications Committee. Gail is active in The Sedona Conference Working Group on Electronic Document Retention & Production and is part of the drafting team chosen to update its Commentary on Legal Holds. She is also a member of the Board of Directors of the Greater Hartford Legal Aid Foundation. Gail is a graduate of the University of Pennsylvania Law School and a former Law Clerk to the Honorable Murray C. Goldman, Commonwealth of Pennsylvania Court of Common Pleas, Philadelphia County. She is admitted to practice in New York, New Jersey, Pennsylvania and Connecticut.

3 Michael Landau VP of Professional Development of the ARMA NNJ Chapter Michael Landau serves as a trusted advisor to Law Firms, Corporations and government agencies in preparing for litigation while minimizing risk exposure and costs related to e- Discovery and document review. Michael maintains a focus on litigation technology and electronic discovery solutions, including information governance (IG), records and document management. He also engages with clients on issues extending beyond the start of discovery relating to forensics, analysis, processing, review, and production. In addition Michael is the VP of Professional Development of the ARMA NNJ Chapter. ARMA is a 60 year old non-profit focused on Records Management and Enterprise Content Management. He is a frequent speaker on ECM, Legal Hold, Predictive Coding and other ediscovery subjects. In addition he serves on the National ESI & discovery committee for Claims & Litigation Management (CLM). Currently Michael serves as a Regional Manager at Kiersted Systems, a national best in class provider of processing, hosting, and professionally managed review services, as well as forensic collections, translations, and legacy media restoration. Michael has hands on experience with forensics, ediscovery, document management, scanning & coding. He also has significant experience working with OAG requirements on a state level and for the DOJ, FTC and other state agencies.

4 Make a Copy of Your Data Before You Ship It Cognex Corporation v. Microscan Systems, Inc., 990 F.Supp.2d 408 (S.D.N.Y. 2013)

5 Suspend Auto-Delete Functions In re Pradaxa, No. MDL No :12-md DRH-SCW, 2013 WL (S.D. Ill. Sept. 25, 2013)

6 Beware of the Dangers of Selective Retention of ESI Calderon v. Corporacion Puertorrique A De Salud, No (FAB), 2014 WL (D.P.R. Jan. 16, 2014)

7 Obtain Input From ESI Custodians Procaps S.A. v. Patheon Inc., No , 2014 WL (S.D. Fla. April 23, 2014)

8 Identify Key Players AMC Technology, LLC v. Cisco Systems, Inc., No. 11-cv-3403 PSG, 2013 WL (N.D. CA July 15, 2013)

9 Follow Your Litigation Hold Policies Osberg v. Foot Locker, Inc., No. 07-cv-1358 (KBF), 2014 WL (S.D.N.Y. July 25, 2014)

10 Treat Data of Departing Employees With Caution Hawley v. Mphasis Corporation, No. 12 Civ. 592 (DAB) (JLC), 2014 WL (S.D.N.Y. July 22, 2014)

11 Determine if Data is in Your Possession, Custody and Control Mazzei v. The Money Store, No. 01-cv-5694 (JGK) (RLE), 2014 WL (S.D.N.Y. July 21, 2014)

12 Know if Your Backup Tapes Are Disaster Recovery Backup Tapes Automated Solutions Corp. v. Paragon Data Systems, Inc., 756 F.3d 504 (6th Cir. 2014), reh g en banc denied July 31, 2014

13 Prepare for Possible NLRB Involvement in Employer Systems Purple Communications, Inc., Cases 21-CA , 21-RC & 21-RC (NLRB Oct. 24, 2013)

14 Please feel free to contact us with any questions Gail Gottehrer Michael Landau