Navigating E-Discovery, And The

Size: px
Start display at page:

Download "Navigating E-Discovery, And The"

Transcription

1 Navigating E-Discovery, And The l f C S Role of ACEDS 1 IDF Conference December 2012 Overview Introduction to US E-Discovery Important E-Discovery Trends Role of ACEDS Mission of ACEDS in Japan 2

2 E-Discovery Defined Finding, preparing and sharing electronically stored information (ESI)( ) for use in the legal g process Ubiquitous in most litigation Governed by US federal and state rules, foreign law Court-imposed penalties for non-compliance 3 E-Discovery Steps Preservation Collection Early Data Assessment Processing Reviewi Production 4

3 E-Discovery in the United States Rules changed to reflect increase in ESI in lawsuits» Federal Rules of Civil Procedure Amended in Address ESI early through Meet-and-Confer 2. Privilege issues (inadvertent production, waiver) 3. Discovery of Non-Reasonably Accessible ESI, Cost- Shifting 4. Preservation, Form of Production 5. Sanctions 5 Duty to Preserve ESI Legal duty to preserve ESI when litigation known or reasonably y anticipated p Failures result in:» Loss of evidence» High retrieval costs» Spoliation, sanctions risks» Storage, g, systems y costs 6

4 Sanctions for E-Discovery Failures Varies depending on intent, resulting prejudice» Fines» Adverse Inference Jury Instruction» Striking of Pleading or Defensef» Dismissal or Default Judgment» Costs» All of the Above 7 Trends in US E-Discovery Navigating Cross-Border E-Discovery Malpractice Computer-Assisted Review, Predictive Coding Cloud Computing Managing Big Data D t 8

5 Cross-Border E-Discovery Must navigate privacy, data laws of other countries Conflicting concepts of discovery Foreign, US laws at odds Personal data protected abroad EU Data Protection ti Directive 9 Emerging Data Laws in Other Countries Asian-Pacific Countries Developing Rules Japan Privacy Act Blocking Statutes State Secrets Laws Organizations doing business b i in i US must t abide by b US laws Ex. Apple v. Samsung 10

6 Attorney E-Discovery Malpractice J-M Manufacturing v. McDermott Will & Emery Alleged Mishandling of Electronic Document Review Failure to Supervise Repeated Inadvertent Disclosure of Privileged Documents Vendors Stratify, Navigant Sued First of Many? 11 Rise of Predictive Coding Predictive Coding: Automated review of electronic documents based on input p from attorney y AKA: Computer-Assisted Review, Intelligent Review, Technology-Assisted Review etc Technology Assisted Review, etc. Da Silva Moore v. Publicis Groupe et. al Judicial Approval Followed by Other Judicial Opinions 12

7 Predictive Coding Continued Explosion of Software Tools Challenges to Adoption: Transparency and the Black Box Difficult to Use Defensibility Concerns 13 E-Discovery in the Cloud Organizations Increasingly Using Cloud Systems Positives Lower cost, accessibility, collaboration, storage advantages Concerns Data Security, Inability to Locate Data, Legal Hold Challenges, Ability to Produce for Discovery 14

8 Big Data and Information Governance Push to Overhaul Electronic Data Management Corporations Struggling with High Costs, Legal and Compliance Issue Information Governance Crucial to E-Discovery Implementing Defensible Deletion Policies Reduces costs, liabilities Presidential Records Management Directive 15 Role of ACEDS An Overview Training, Networking, Resources for the E-Discovery Community y 1,000+ Members in US, Latin America, Europe and Asia Offers Certified E-Discovery Specialist Certification Industry Standard Baseline of Competence Benchmark for Measuring Knowledge 16

9 Member Benefits Exclusive News, Analysis Hundreds of Articles at ACEDS.org On-Demand Web Training Webinars with Top Experts, Podcasts, How-To Manuals Career Center Job Postings, Forums Discounts on Certification, Conference Attendance 17 CEDS Certification ACEDS Management Has Years of Certification Experiencep Built Certified Anti-Money Laundering Specialist (CAMS) Credential 8,000 CAMS Individuals Globally 18

10 CEDS Certification Continued Built by Hundreds of E-Discovery Experts Tests 15 Areas of Knowledge Item Scenario-Based Questions Offered at 600+ Testing Centers Certifies for f E-Discovery E Competence C t Held by 700+ Worldwide Rigorous Exam with 30 Percent Failure Rate 19 Benefits of CEDS Certification Expand Career Options Across Industries, Professions Justify Increase In Salary Become More Valuable to Litigation, Records Management Team Increase Credibility In Court Show Employer You re Qualified to Handle E- Discovery 20

11 Sitting for the CEDS Exam Minimum of 40 CEDS Credits Required CEDS Credits Calculated by Education, Experience, Training Education 5 Credits to 15 Credits; High School to Post-Graduate Experience Based on Past 3 years of E-Discovery Handling Training 1 Credit Per Hour of Training 21 Organizational Growth ACEDS Launched in Early Members on Five Continents CEDS Professionals in More Than A Dozen Countries CEDS Certification Preferred, Made Condition of Employment Ernst & Young Certified 70 Special Counsel, GGO, BIA, Night Owl Require CEDS 22

12 Growth Strategy in Japan Networking with Top E-Discovery Organizations in Japanp Forming Chapters in Japan, other APAC Countries Specialized Training Country-Specific Courses Tailored to Japanese E-Discovery Professionals Webinars Focusing on Japanese E-Discovery 23

WHAT MATTERS MOST TO CORPORATE COUNSEL IN E-DISCOVERY MANAGEMENT. Presenting the results from BDO s inaugural Inside E-Discovery Survey

WHAT MATTERS MOST TO CORPORATE COUNSEL IN E-DISCOVERY MANAGEMENT. Presenting the results from BDO s inaugural Inside E-Discovery Survey WHAT MATTERS MOST TO CORPORATE COUNSEL IN E-DISCOVERY MANAGEMENT Presenting the results from BDO s inaugural Inside E-Discovery Survey 1 ACEDS Membership Benefits Training, Resources and Networking for

More information

WHAT S IN STORE FOR E-DISCOVERY IN 2015? TOP 4 TRENDS TO WATCH

WHAT S IN STORE FOR E-DISCOVERY IN 2015? TOP 4 TRENDS TO WATCH WHAT S IN STORE FOR E-DISCOVERY IN 2015? TOP 4 TRENDS TO WATCH 1 Exclusive News and Analysis Monthly Members-Only Webcasts Networking with CEDS, Members On-Demand Training Resources Jobs Board bits + bytes

More information

FREQUENTLY ASKED QUESTIONS EFFECTIVE SPRING 2015

FREQUENTLY ASKED QUESTIONS EFFECTIVE SPRING 2015 FREQUENTLY ASKED QUESTIONS EFFECTIVE SPRING 2015 WHAT IS LITWORKS? About LitWorks Programs Since 2005, LitWorks has been the first and most comprehensive training program dedicated exclusively to developing

More information

The Law On Discovery and Production of Electronic Evidence: Where Are We Now? Where Are We Going? Glenn A. Smith. June 10, 2009

The Law On Discovery and Production of Electronic Evidence: Where Are We Now? Where Are We Going? Glenn A. Smith. June 10, 2009 The Law On Discovery and Production of Electronic Evidence: Where Are We Now? Where Are We Going? Glenn A. Smith June 10, 2009 Discovery On January 1, 2010, Rules will be amended by adding the following

More information

Delivering Global Ediscovery Successfully. Emily A. Cobb, Ropes & Gray Andrew Szczech, Kroll Ontrack Thomas Sely, Kroll Ontrack

Delivering Global Ediscovery Successfully. Emily A. Cobb, Ropes & Gray Andrew Szczech, Kroll Ontrack Thomas Sely, Kroll Ontrack Delivering Global Ediscovery Successfully Emily A. Cobb, Ropes & Gray Andrew Szczech, Kroll Ontrack Thomas Sely, Kroll Ontrack Exclusive News and Analysis Monthly Members-Only Webcasts Networking with

More information

Record Retention, ediscovery, Spoliation: Issues for In-House Counsel

Record Retention, ediscovery, Spoliation: Issues for In-House Counsel Record Retention, ediscovery, Spoliation: Issues for In-House Counsel CCCA Webinar April 1, 2015 Presenters: Gavin Tighe, Partner (Certified Specialist in Litigation) Stephen Thiele, Partner, Director

More information

Amendments to the Rules to Civil Procedure: Yours to E-Discover. Prepared by Christopher M. Bartlett Cassels Brock & Blackwell LLP

Amendments to the Rules to Civil Procedure: Yours to E-Discover. Prepared by Christopher M. Bartlett Cassels Brock & Blackwell LLP Amendments to the Rules to Civil Procedure: Yours to E-Discover Prepared by Christopher M. Bartlett Cassels Brock & Blackwell LLP September 25, 2009 Amendments to the Rules of Civil Procedure: Yours to

More information

How to Manage Costs and Expectations for Successful E-Discovery: Best Practices

How to Manage Costs and Expectations for Successful E-Discovery: Best Practices How to Manage Costs and Expectations for Successful E-Discovery: Best Practices Mukesh Advani, Esq., Advisory Board Member, UBIC North America, Inc. UBIC North America, Inc. 3 Lagoon Dr., Ste. 180, Redwood

More information

Information Governance: How to Assess Your Status

Information Governance: How to Assess Your Status Information Governance: How to Assess Your Status Jay Yelton, III and Mark Oudersluys December 3, 2015 WNJ.com Agenda What is Information Governance? Why is IG Increasingly Important? Strategic Focus:

More information

3 "C" Words You Need to Know: Custody - Control - Cloud

3 C Words You Need to Know: Custody - Control - Cloud 3 "C" Words You Need to Know: Custody - Control - Cloud James Christiansen Chief Information Security Officer Evantix, Inc. Bradley Schaufenbuel Director of Information Security Midland States Bank Session

More information

The Intrusive Nature of Discovery in U.S. Patent Litigation

The Intrusive Nature of Discovery in U.S. Patent Litigation The Intrusive Nature of Discovery in U.S. Patent Litigation October 16, 2014 Jeffrey R. Schaefer jschaefer@ulmer.com All patent infringement litigation in the U.S. takes place in federal courts. Cases

More information

Electronic Discovery: Litigation Holds, Data Preservation and Production

Electronic Discovery: Litigation Holds, Data Preservation and Production Electronic Discovery: Litigation Holds, Data Preservation and Production April 27, 2010 Daniel Munsch, Assistant General Counsel John Lerchey, Coordinator for Incident Response 0 E-Discovery Rules Federal

More information

Navigating Information Governance and ediscovery

Navigating Information Governance and ediscovery Navigating Information Governance and ediscovery Implementing Processes & Technology to Reduce Downstream ediscovery Cost and Risk Shannon Smith General Counsel, Globanet March 11 12, 2013 Agenda 1 Overview

More information

Emerging Topics for E-Discovery. October 22, 2014

Emerging Topics for E-Discovery. October 22, 2014 Emerging Topics for E-Discovery October 22, 2014 ACEDS Membership Benefits Training, Resources and Networking for the E-Discovery Community! Exclusive News and Analysis! Weekly Web Seminars! Podcasts!

More information

Procedure: Electronic Discovery

Procedure: Electronic Discovery Management System: Office of Chief Counsel Subject Area: Support and Information Access Procedure: Electronic Discovery Issue Date and Revision Number: 1/6/15 0 Lead Subject Matter Expert: Jay Jalovec

More information

E-Discovery and Data Management. Managing Litigation in the Digital Age. Attorney Advertising

E-Discovery and Data Management. Managing Litigation in the Digital Age. Attorney Advertising E-Discovery and Data Management Managing Litigation in the Digital Age Attorney Advertising Every day, 12 billion corporate e-mails are created. That number doubles annually. Litigation success starts

More information

Information Governance Challenges and Solutions

Information Governance Challenges and Solutions Challenges and Solutions In this modern information age, organizations struggle with two things: the problem of too much electronic data and how to govern the data. Each year, the speed of information

More information

DOCUMENT RETENTION STRATEGIES FOR HEALTHCARE ORGANIZATIONS

DOCUMENT RETENTION STRATEGIES FOR HEALTHCARE ORGANIZATIONS Overview. DOCUMENT RETENTION STRATEGIES FOR HEALTHCARE ORGANIZATIONS A comprehensive and consistently applied document retention policy is necessary to reduce the risk of being charged with spoliation

More information

Electronic Discovery How can I be prepared? September 2010

Electronic Discovery How can I be prepared? September 2010 Electronic Discovery How can I be prepared? September 2010 Presented by Brian Wilkinson, Director of ediscovery & Computer Forensics brian.wilkinson@us.pwc.com 410-659-3473 Table of Contents Page 1 Electronic

More information

Michigan's New E-Discovery Rules Provide Ways to Reduce the Scope and Burdens of E-Discovery

Michigan's New E-Discovery Rules Provide Ways to Reduce the Scope and Burdens of E-Discovery 1 PROFESSIONALS MILLER CANFIELD LAW FIRM B. Jay Yelton III Michigan's New E-Discovery Rules Provide Ways to Reduce the Scope and Burdens of E-Discovery To a large extent Michigan's new e-discovery rules

More information

4/10/2015. Be Prepared: How The New Changes To The FRCP Affect Information Governance. Your Presenters. Agenda

4/10/2015. Be Prepared: How The New Changes To The FRCP Affect Information Governance. Your Presenters. Agenda Be Prepared: How The New Changes To The FRCP Affect Information Governance Presented by John Isaza, Esq., FAI CEO, Information Governance Solutions, LLC Wednesday, April 15, 2015 1:00 p.m. (PDT) Your Presenters

More information

COMING: NEW FEDERAL RULES ON E-DISCOVERY

COMING: NEW FEDERAL RULES ON E-DISCOVERY COMING: NEW FEDERAL RULES ON E-DISCOVERY By: M. Sean Fosmire Garan Lucow Miller, P.C. Executive Summary Now that e-filing is up and running, the federal courts have moved on to e-discovery and have adopted

More information

E-Discovery: The New Federal Rules of Civil Procedure A Practical Approach for Employers

E-Discovery: The New Federal Rules of Civil Procedure A Practical Approach for Employers MARCH 7, 2007 E-Discovery: The New Federal Rules of Civil Procedure A Practical Approach for Employers By Tara Daub and Christopher Gegwich News of the recent amendments to the Federal Rules of Civil Procedure

More information

CUSTODIAN INTERVIEWS MAXIMIZING A VALUABLE OPPORTUNITY

CUSTODIAN INTERVIEWS MAXIMIZING A VALUABLE OPPORTUNITY CUSTODIAN INTERVIEWS MAXIMIZING A VALUABLE OPPORTUNITY Exclusive News and Analysis Monthly Members-Only Webcasts Networking with CEDS, Members On-Demand Training Resources Jobs Board bits + bytes Newsletter

More information

Reduce Cost and Risk during Discovery E-DISCOVERY GLOSSARY

Reduce Cost and Risk during Discovery E-DISCOVERY GLOSSARY 2016 CLM Annual Conference April 6-8, 2016 Orlando, FL Reduce Cost and Risk during Discovery E-DISCOVERY GLOSSARY Understanding e-discovery definitions and concepts is critical to working with vendors,

More information

a Legal Project Management Consultancy Plan. Resource. Realize.

a Legal Project Management Consultancy Plan. Resource. Realize. a Legal Project Consultancy Plan. Resource. Realize. Disclaimer Information is Not Legal Advice Alice E Burns of Eleventh Hour provides information regarding businesses, compliance and litigation trends

More information

Jason Velasco 1/23/14. Webinar Sponsorship Partner

Jason Velasco 1/23/14. Webinar Sponsorship Partner Webinar Sponsorship Partner Jason Velasco Jason Velasco is an electronic discovery industry veteran with more than 15 years of experience in electronic discovery issues and forensic investigations. During

More information

How To Preserve Electronic Records

How To Preserve Electronic Records 10 Strategies for Getting E-Discovery Under Control Jim McKeown & Rich Young 10 1 Electronic Records Have Exacerbated the Discovery Burden Employees (custodians) are typically pack rats for electronic

More information

Freelance Lawyers. The industry's best kept secret. Christopher Kozlowski

Freelance Lawyers. The industry's best kept secret. Christopher Kozlowski Freelance Lawyers The industry's best kept secret. Christopher Kozlowski About Me Co-founder and partner of Streamline Litigation, which I started while I was still in law school at Villanova University

More information

Managing Discovery Of Electronically Stored Information Under Proposed Amendments To Federal Rules Of Civil Procedure

Managing Discovery Of Electronically Stored Information Under Proposed Amendments To Federal Rules Of Civil Procedure MEALEY S TM LITIGATION REPORT Discovery Managing Discovery Of Electronically Stored Information Under Proposed Amendments To Federal Rules Of Civil Procedure by Michael C. Lynch and Lystra Batchoo Kelley

More information

Spoliation of Evidence. Prepared for:

Spoliation of Evidence. Prepared for: Spoliation of Evidence Prepared for: Spoliation Nationwide anti-spoliation trend Cases can be thrown out of court Insurers can be denied subrogation claims An insured who destroys evidence of a claim can

More information

for Insurance Claims Professionals

for Insurance Claims Professionals A Practical Guide to Understanding ediscovery for Insurance Claims Professionals ediscovery Defined and its Relationship to an Insurance Claim Simply put, ediscovery (or Electronic Discovery) refers to

More information

Turning the Tide The Need for E-Discovery Education

Turning the Tide The Need for E-Discovery Education Turning the Tide The Need for E-Discovery Education Hon. David J. Waxse, U.S. Magistrate Judge, District of Kansas Ralph C. Losey, Esq., Partner and National e-discovery Counsel, Jackson Lewis LLP Rhea

More information

Bringing Electronic Discovery In House as a Managed Service

Bringing Electronic Discovery In House as a Managed Service Bringing Electronic Discovery In House as a Managed Service Dickstein Shapiro and Océ Business Services Collaboration for Managed Services Electronic Discovery Introductions Richard Perrin, Esq. E-Discovery

More information

UNDERSTANDING E DISCOVERY A PRACTICAL GUIDE. 99 Park Avenue, 16 th Floor New York, New York 10016 www.devoredemarco.com

UNDERSTANDING E DISCOVERY A PRACTICAL GUIDE. 99 Park Avenue, 16 th Floor New York, New York 10016 www.devoredemarco.com UNDERSTANDING E DISCOVERY A PRACTICAL GUIDE 1 What is ESI? Information that exists in a medium that can only be read through the use of computers Examples E-mail Word Documents Databases Spreadsheets Multimedia

More information

The Evolution, Uses, and Case Studies of Technology Assisted Review

The Evolution, Uses, and Case Studies of Technology Assisted Review FEBRUARY 4 6, 2014 / THE HILTON NEW YORK The Evolution, Uses, and Case Studies of Technology Assisted Review One Size Does Not Fit All #LTNY Meet Our Panelists The Honorable Dave Waxse U.S. Magistrate

More information

Continuing Legal Education Program Course Catalog

Continuing Legal Education Program Course Catalog Continuing Legal Education Program Course Catalog The Continuing Legal Education CLE program was created to provide quality continuing education to our colleagues and clients in the legal and corporate

More information

In-House Solutions to the E-Discovery Conundrum

In-House Solutions to the E-Discovery Conundrum 125 In-House Solutions to the E-Discovery Conundrum Retta A. Miller Carl C. Butzer Jackson Walker L.L.P. April 21, 2007 www.pointmm.com I. OVERVIEW OF THE RULES GOVERNING ELECTRONICALLY- STORED INFORMATION

More information

COURSE DESCRIPTION AND SYLLABUS LITIGATING IN THE DIGITAL AGE: ELECTRONIC CASE MANAGEMENT (994-001) Fall 2014

COURSE DESCRIPTION AND SYLLABUS LITIGATING IN THE DIGITAL AGE: ELECTRONIC CASE MANAGEMENT (994-001) Fall 2014 COURSE DESCRIPTION AND SYLLABUS LITIGATING IN THE DIGITAL AGE: ELECTRONIC CASE MANAGEMENT (994-001) Professors:Mark Austrian Christopher Racich Fall 2014 Introduction The ubiquitous use of computers, the

More information

ACEDS Membership Benefits Training, Resources and Networking for the E-Discovery Community

ACEDS Membership Benefits Training, Resources and Networking for the E-Discovery Community ACEDS Membership Benefits Training, Resources and Networking for the E-Discovery Community! Exclusive News and Analysis! Weekly Web Seminars! Podcasts! On- Demand Training! Networking! Resources! Jobs

More information

E-DISCOVERY & PRESERVATION OF ELECTRONIC EVIDENCE. Ana Maria Martinez April 14, 2011

E-DISCOVERY & PRESERVATION OF ELECTRONIC EVIDENCE. Ana Maria Martinez April 14, 2011 E-DISCOVERY & PRESERVATION OF ELECTRONIC EVIDENCE Ana Maria Martinez April 14, 2011 This presentation does not present the views of the U.S. Department of Justice. This presentation is not legal advice.

More information

Managed Services: Maximizing Transparency and Minimizing Expense and Risk in ediscovery and Information Governance

Managed Services: Maximizing Transparency and Minimizing Expense and Risk in ediscovery and Information Governance Managed Services: Maximizing Transparency and Minimizing Expense and Risk in ediscovery and Information Governance January 18, 2013 Andrew Bayer, Director of Business Development Adam Wells, VP, Business

More information

Predictive Coding Helps Companies Reduce Discovery Costs

Predictive Coding Helps Companies Reduce Discovery Costs Predictive Coding Helps Companies Reduce Discovery Costs Recent Court Decisions Open Door to Wider Use by Businesses to Cut Costs in Document Discovery By John Tredennick As companies struggle to manage

More information

ESI Risk Assessment: Critical in Light of the new E-discovery and notification laws

ESI Risk Assessment: Critical in Light of the new E-discovery and notification laws ESI Risk Assessment: Critical in Light of the new E-discovery and notification laws Scott Bailey, CISM Christopher Sobota, J.D. Enterprise Risk Management Group Disclaimer This presentation is for informational

More information

Corporate Governance - The Importance of a Compliant Record Retention Program. by Christopher N. Weiss 1

Corporate Governance - The Importance of a Compliant Record Retention Program. by Christopher N. Weiss 1 Corporate Governance - The Importance of a Compliant Record Retention Program by Christopher N. Weiss 1 A. Rationale for a Sound Record Retention Policy Record retention is crucial to disciplined corporate

More information

Data Preservation Duties and Protocols

Data Preservation Duties and Protocols Data Preservation Duties and Protocols November 2008 HOU:2858612.3 Discussion Outline I. The Differences Between Electronic and Paper Discovery II. The Parameters of Electronic Discovery III. Rule 37(e)

More information

The Journey from Legal Technician to Trusted Advisor: Pick up Your Road Map Here

The Journey from Legal Technician to Trusted Advisor: Pick up Your Road Map Here The Journey from Legal Technician to Trusted Advisor: Pick up Your Road Map Here Thursday, April 25, 2013 2013 NATIONAL EMPLOYMENT LAW CONFERENCE APRIL 25 Panel Presentation The Journey from Legal Technician

More information

Director, Value Engineering

Director, Value Engineering Director, Value Engineering April 25 th, 2012 Copyright OpenText Corporation. All rights reserved. This publication represents proprietary, confidential information pertaining to OpenText product, software

More information

DOCSVAULT WhitePaper. Concise Guide to E-discovery. Contents

DOCSVAULT WhitePaper. Concise Guide to E-discovery. Contents WhitePaper Concise Guide to E-discovery Contents i. Overview ii. Importance of e-discovery iii. How to prepare for e-discovery? iv. Key processes & issues v. The next step vi. Conclusion Overview E-discovery

More information

Minimizing ediscovery risks. What organizations need to know in today s litigious and digital world.

Minimizing ediscovery risks. What organizations need to know in today s litigious and digital world. What organizations need to know in today s litigious and digital world. The main objective for a corporation s law department is to mitigate risk throughout the company, while keeping costs under control.

More information

E-Discovery: New to California 1

E-Discovery: New to California 1 E-Discovery: New to California 1 Patrick O Donnell and Martin Dean 2 Introduction The New Electronic Discovery Act The new Electronic Discovery Act, Assembly Bill 5 (Evans), has modernized California law

More information

JUDICIAL BRANCH MEMORANDUM. Re: New Hampshire Superior Court Civil Rules Effective October 1, 2013

JUDICIAL BRANCH MEMORANDUM. Re: New Hampshire Superior Court Civil Rules Effective October 1, 2013 JUDICIAL BRANCH MEMORANDUM To: Attorneys; Legal Assistants; Litigants From: Patricia A. Lenz, Superior Court Administrator Julie W. Howard, Strafford Superior Court Clerk Date: Updated December 16, 2013

More information

Top 10 Best Practices in Predictive Coding

Top 10 Best Practices in Predictive Coding Top 10 Best Practices in Predictive Coding Emerging Best Practice Guidelines for the Conduct of a Predictive Coding Project Equivio internal document " design an appropriate process, including use of available

More information

Arkfeld on Electronic Discovery and Evidence: The Spotlight on Legal Holds

Arkfeld on Electronic Discovery and Evidence: The Spotlight on Legal Holds BOOK RELEASE FOR IMMEDIATE RELEASE Media Contact: Michael Arkfeld Law Partner Publishing, LLC Ph: 602.993.1937 May, 3, 2010 Email: service@lawpartnerpublishing.com Arkfeld on Electronic Discovery and Evidence:

More information

HIPAA Audits and Compliance: What To Expect From Regulators and How to Comply

HIPAA Audits and Compliance: What To Expect From Regulators and How to Comply HIPAA Audits and Compliance: What To Expect From Regulators and How to Comply October 18, 2013 ACEDS Membership Benefits Training, Resources and Networking for the ediscovery Community Exclusive News and

More information

New E-Discovery Rules: Is Your Company Prepared?

New E-Discovery Rules: Is Your Company Prepared? November 2006 New E-Discovery Rules: Is Your Company Prepared? By Maureen O Neill, Kirby Behre and Anne Nergaard On December 1, 2006, amendments to the Federal Rules of Civil Procedure ( FRCP ) concerning

More information

Recent Developments in the Law & Technology Relating to Predictive Coding

Recent Developments in the Law & Technology Relating to Predictive Coding Recent Developments in the Law & Technology Relating to Predictive Coding Presented by Paul Neale CEO Presented by Gene Klimov VP & Managing Director Presented by Gerard Britton Managing Director 2012

More information

E-Discovery for Backup Tapes. How Technology Is Easing the Burden

E-Discovery for Backup Tapes. How Technology Is Easing the Burden E-Discovery for Backup Tapes How Technology Is Easing the Burden TABLE OF CONTENTS Introduction...3 The Importance and Challenge of Backup Tapes for Electronic Discovery...3 TAPES AS A SOURCE OF ESI...

More information

IMPORTANT CONSIDERATIONS FOR MID-RANGE EDISCOVERY DATA COLLECTION

IMPORTANT CONSIDERATIONS FOR MID-RANGE EDISCOVERY DATA COLLECTION IMPORTANT CONSIDERATIONS FOR MID-RANGE EDISCOVERY DATA COLLECTION REUTERS / SUHAIB SALEM Written by Kyle Sparks White paper EXECUTIVE SUMMARY Data collection during ediscovery is critically important because

More information

General Items Of Thought

General Items Of Thought ESI PROTOCOLS & CASE LONG BUDGETS General Items Of Thought What s a GB =??? What Are Sources Of Stored Data? What s BYOD mean??? The Human Factor Is At Play! Litigation Hold Duty Arises When? Zubulake

More information

THE IMPACT OF THE ELECTRONIC DISCOVERY RULES ON THE EEOC PROCESS

THE IMPACT OF THE ELECTRONIC DISCOVERY RULES ON THE EEOC PROCESS THE IMPACT OF THE ELECTRONIC DISCOVERY RULES ON THE EEOC PROCESS Cynthia L. Gibson, Esq. Katz, Teller, Brant & Hild 255 East Fifth Street Suite 2400 Cincinnati, OH 45202 (513) 977-3418 cgibson@katzteller.com

More information

E-Discovery in Mass Torts:

E-Discovery in Mass Torts: E-Discovery in Mass Torts: Predictive Coding Friend or Foe? Sherry A. Knutson Sidley Austin One S Dearborn St 32nd Fl Chicago, IL 60603 (312) 853-4710 sknutson@sidley.com Sherry A. Knutson is a partner

More information

www.pwc.nl Review & AI Lessons learned while using Artificial Intelligence April 2013

www.pwc.nl Review & AI Lessons learned while using Artificial Intelligence April 2013 www.pwc.nl Review & AI Lessons learned while using Artificial Intelligence Why are non-users staying away from PC? source: edj Group s Q1 2013 Predictive Coding Survey, February 2013, N = 66 Slide 2 Introduction

More information

Outlaw v. Willow Oral Argument Motions for Sanctions

Outlaw v. Willow Oral Argument Motions for Sanctions William Mitchell E-Discovery Symposium Outlaw v. Willow Oral Argument Motions for Sanctions Mary T. Novacheck, Esq. Partner Bowman and Brooke LLP Outlaw's Motion: Cost Shift Vendor Fees to Willow Prior

More information

and ediscovery Peter Pepiton ediscovery Product Manager CA Information Governance

and ediscovery Peter Pepiton ediscovery Product Manager CA Information Governance Electronic Record Retention and ediscovery Peter Pepiton ediscovery Product Manager CA Information Governance Agenda What is all this ediscovery buzz? Email is major focus of ESI Impact of New FRCP rules

More information

Predictive Coding: How to Cut Through the Hype and Determine Whether It s Right for Your Review

Predictive Coding: How to Cut Through the Hype and Determine Whether It s Right for Your Review Predictive Coding: How to Cut Through the Hype and Determine Whether It s Right for Your Review ACEDS Webinar April 23, 2014 Sponsored by Robert Half Legal 1 2014 Robert Half Legal. An Equal Opportunity

More information

Defense of State Employees: LIABILITY AND LAWSUITS. UNCW Office of General Counsel January 2010

Defense of State Employees: LIABILITY AND LAWSUITS. UNCW Office of General Counsel January 2010 Defense of State Employees: LIABILITY AND LAWSUITS UNCW Office of General Counsel January 2010 COMMON CAUSES OF ACTION (or what could we be sued for) Tort claims Contract claims Discrimination/Harassment

More information

Judge Peck Provides a Primer on Computer-Assisted Review By John Tredennick

Judge Peck Provides a Primer on Computer-Assisted Review By John Tredennick By John Tredennick CEO Catalyst Repository Systems Magistrate Judge Andrew J. Peck issued a landmark decision in Da Silva Moore v. Publicis and MSL Group, filed on Feb. 24, 2012. This decision made headlines

More information

E-Discovery in Practice: A Roadmap for Financial Institutions

E-Discovery in Practice: A Roadmap for Financial Institutions E-Discovery in Practice: A Roadmap for Financial Institutions Martha R. Mora Martha R. Mora, Esq. ARHM&F Avila Rodriguez Hernandez Mena & Ferri LLP 2525 Ponce de Leon Blvd., Suite 1225, Coral Gables, Florida

More information

ediscovery Policies: Planned Protection Saves More than Money Anticipating and Mitigating the Costs of Litigation

ediscovery Policies: Planned Protection Saves More than Money Anticipating and Mitigating the Costs of Litigation Brought to you by: ediscovery Policies: Planned Protection Saves More than Money Anticipating and Mitigating the Costs of Litigation Introduction: Rising costs of litigation The chance of your organization

More information

Implementing Litigation Readiness Principles and Practices. John T. Phillips

Implementing Litigation Readiness Principles and Practices. John T. Phillips Implementing Litigation Readiness Principles and Practices By John T. Phillips December 26, 2012 Project Funded by: ARMA International Educational Foundation 2012 ARMA International Educational Foundation

More information

2015 ANNUAL MEETING Vancouver, BC September 11, 2015. Recent Amendments to the Federal Rules of Civil Procedure: A New Scope of Discovery?

2015 ANNUAL MEETING Vancouver, BC September 11, 2015. Recent Amendments to the Federal Rules of Civil Procedure: A New Scope of Discovery? 2015 ANNUAL MEETING Vancouver, BC September 11, 2015 Recent Amendments to the Federal Rules of Civil Procedure: A New Scope of Discovery? 2010 DUKE CONFERENCE May 10-11 Duke Law School 200 Participants

More information

2972 NW 60 th Street, Fort Lauderdale, Florida 33309 Tel 954.462.5400 Fax 954.463.7500

2972 NW 60 th Street, Fort Lauderdale, Florida 33309 Tel 954.462.5400 Fax 954.463.7500 2972 NW 60 th Street, Fort Lauderdale, Florida 33309 Tel 954.462.5400 Fax 954.463.7500 5218 South East Street, Suite E-3, Indianapolis, IN 46227 Tel 317.247.4400 Fax 317.247.0044 Presented by Providing

More information

ediscovery: Managing Costs & Avoiding Pitfalls

ediscovery: Managing Costs & Avoiding Pitfalls ediscovery: Managing Costs & Avoiding Pitfalls Presented by: Joseph P. Grasser joseph.grasser@squiresanders.com Carrie E. Jantsch carrie.jantsch@squiresanders.com 2 Overview Managing Costs How to Address

More information

A Day in the Life of an Ediscovery Case Manager. June 4, 2014

A Day in the Life of an Ediscovery Case Manager. June 4, 2014 A Day in the Life of an Ediscovery Case Manager June 4, 2014 ACEDS Membership Benefits Training, Resources and Networking for the E- Discovery Community! Exclusive News and Analysis! Weekly Web Seminars!

More information

Bloomberg BNA Professional Learning Legal Course Catalog OnDemand Programs

Bloomberg BNA Professional Learning Legal Course Catalog OnDemand Programs Bloomberg BNA Professional Learning Legal Course Catalog OnDemand Programs *This is a sample course catalog. BBNA is in the process of moving all of our recorded content on to our new platform. Not all

More information

E-Discovery Roundtable: Buyers Perspectives on the Impact of Technology Innovation

E-Discovery Roundtable: Buyers Perspectives on the Impact of Technology Innovation E-Discovery Roundtable: Buyers Perspectives on the Impact of Technology Innovation TABLE OF CONTENTS Introduction... 3 IMPACT OF CLOUD COMPUTING... 3 Enforcing data management policies... 3 Protecting

More information

FEDERAL PRACTICE. In some jurisdictions, understanding the December 1, 2006 Amendments to the Federal Rules of Civil Procedure is only the first step.

FEDERAL PRACTICE. In some jurisdictions, understanding the December 1, 2006 Amendments to the Federal Rules of Civil Procedure is only the first step. A BNA, INC. DIGITAL DISCOVERY & E-EVIDENCE! VOL. 7, NO. 11 232-235 REPORT NOVEMBER 1, 2007 Reproduced with permission from Digital Discovery & e-evidence, Vol. 7, No. 11, 11/01/2007, pp. 232-235. Copyright

More information

Legal Developments in ediscovery: Implications for Security Management

Legal Developments in ediscovery: Implications for Security Management Legal Developments in ediscovery: Implications for Security Management Richard S. Swart and Robert F. Erbacher Utah State University richard.swart@usu.edu Robert.Erbacher@usu.edu Abstract This paper defines

More information

Meaning Based Computing: Managing the Avalanche of Unstructured Data

Meaning Based Computing: Managing the Avalanche of Unstructured Data Meaning Based Computing: Managing the Avalanche of Unstructured Data Bill Tolson, Director of Information Governance POWER PROTECT PROMOTE Moving away from structured data Accelerated unstructured information

More information

The Electronically Stored Information Protocol: ediscovery in Federal Criminal Cases

The Electronically Stored Information Protocol: ediscovery in Federal Criminal Cases The Electronically Stored Information Protocol: ediscovery in Federal Criminal Cases ACEDS Members-Only Benefits Training, Resources and Networking for the E-Discovery Community Exclusive News and Analysis

More information

Predictability in E-Discovery

Predictability in E-Discovery Predictability in E-Discovery Presented by: John G. Roman, Jr. National Manager, Practice Group Technology Services Nixon Peabody LLP Tom Barce Assistant Director of Practice Support Fulbright & Jaworski

More information

Keeping watch over your best business interests.

Keeping watch over your best business interests. Keeping watch over your best business interests. 0101010 1010101 0101010 1010101 IT Security Services Regulatory Compliance Services IT Audit Services Forensic Services Risk Management Services Attestation

More information

Electronic Discovery and the New Amendments to the Federal Rules of Civil Procedure: A Guide For In-House Counsel and Attorneys

Electronic Discovery and the New Amendments to the Federal Rules of Civil Procedure: A Guide For In-House Counsel and Attorneys Electronic Discovery and the New Amendments to the Federal Rules of Civil Procedure: A Guide For In-House Counsel and Attorneys By Ronald S. Allen, Esq. As technology has evolved, the federal courts have

More information

DIGITAL FORENSICS. Cost-effective and Proactive Information Management for Emerging Legal and Technical Challenges

DIGITAL FORENSICS. Cost-effective and Proactive Information Management for Emerging Legal and Technical Challenges www.innoxcell.net e-discovery & DIGITAL FORENSICS Cost-effective and Proactive Information Management for Emerging Legal and Technical Challenges Event Highlight Pre-Arranged One-to-One Networking Meeting

More information

COURT OF QUEEN S BENCH OF MANITOBA PRACTICE DIRECTION GUIDELINES REGARDING DISCOVERY OF ELECTRONIC DOCUMENTS

COURT OF QUEEN S BENCH OF MANITOBA PRACTICE DIRECTION GUIDELINES REGARDING DISCOVERY OF ELECTRONIC DOCUMENTS COURT OF QUEEN S BENCH OF MANITOBA PRACTICE DIRECTION GUIDELINES REGARDING DISCOVERY OF ELECTRONIC DOCUMENTS Introduction While electronic documents are included in the definition of document contained

More information

THE 2015 FEDERAL E-DISCOVERY RULES AMENDMENTS

THE 2015 FEDERAL E-DISCOVERY RULES AMENDMENTS THE 2015 FEDERAL E-DISCOVERY RULES AMENDMENTS 1 Today s Panel Gary R. Jones, U.S. Magistrate Judge Ralph Artigliere, Florida Circuit Court Judge (Retired) William F. Hamilton, UF Law E-Discovery Project

More information

Case4:12-cv-03288-KAW Document2-1 Filed06/25/12 Page1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

Case4:12-cv-03288-KAW Document2-1 Filed06/25/12 Page1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION Case4:12-cv-03288-KAW Document2-1 Filed06/25/12 Page1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION STANDING ORDER FOR MAGISTRATE JUDGE KANDIS A. WESTMORE (Revised

More information

REED COLLEGE. ediscovery GUIDELINES FOR PRESERVATION AND PRODUCTION OF ELECTRONIC RECORDS

REED COLLEGE. ediscovery GUIDELINES FOR PRESERVATION AND PRODUCTION OF ELECTRONIC RECORDS REED COLLEGE ediscovery GUIDELINES FOR PRESERVATION AND PRODUCTION OF ELECTRONIC RECORDS TABLE OF CONTENTS A. INTRODUCTION... 1 B. THE LANDSCAPE OF ELECTRONIC RECORDS SYSTEMS... 1 1. Email Infrastructure...

More information

HOUSE BILL NO. HB0106. Medical malpractice-use of expert witnesses. A BILL. for. AN ACT relating to medical malpractice actions; providing

HOUSE BILL NO. HB0106. Medical malpractice-use of expert witnesses. A BILL. for. AN ACT relating to medical malpractice actions; providing 00 STATE OF WYOMING 0LSO-0 HOUSE BILL NO. HB0 Medical malpractice-use of expert witnesses. Sponsored by: Representative(s) Gingery A BILL for AN ACT relating to medical malpractice actions; providing for

More information

Conference Cooperation Proclamation

Conference Cooperation Proclamation The Sedona Conference Working Group Series The Sedona Conference Cooperation Proclamation Dialogue Designed to Move the Law Forward in a Reasoned and Just Way The Sedona Conference Cooperation Proclamation

More information

Litigation Hold Notices & Electronic Discovery A R E S O U R C E F O R W S U E M P L OY E E S

Litigation Hold Notices & Electronic Discovery A R E S O U R C E F O R W S U E M P L OY E E S Litigation Hold Notices & Electronic Discovery A R E S O U R C E F O R W S U E M P L OY E E S What is a Litigation Hold Notice? Notice from an authorized department (e.g., Attorney General s Office Torts

More information

ACADEMIC AFFAIRS COUNCIL ******************************************************************************

ACADEMIC AFFAIRS COUNCIL ****************************************************************************** ACADEMIC AFFAIRS COUNCIL AGENDA ITEM: 8.D DATE: March 15, 2007 ****************************************************************************** SUBJECT: Electronic Records Discovery Electronic records management

More information

Strategies for Preparing for E-Discovery

Strategies for Preparing for E-Discovery Strategies for Preparing for E-Discovery The amendments to the U.S. Federal Rules of Civil Procedure regarding the discovery of electronically stored information make it imperative for organizations to

More information

Florida E-Discovery 2013

Florida E-Discovery 2013 Florida E-Discovery 2013 Christopher.Hopkins @Akerman.com Palm Beach Bar Association Employment Law Committee Florida E-Discovery 2013 Download This PPT: InternetLawCommentary.com Palm Beach Bar Association

More information

PRIVATE ATTORNEY SERVICES DIVISION OF RISK MANAGEMENT BUREAU OF CLAIMS ADMINISTRATION INTRODUCTION TO BILLING GUIDELINES

PRIVATE ATTORNEY SERVICES DIVISION OF RISK MANAGEMENT BUREAU OF CLAIMS ADMINISTRATION INTRODUCTION TO BILLING GUIDELINES PRIVATE ATTORNEY SERVICES DIVISION OF RISK MANAGEMENT BUREAU OF CLAIMS ADMINISTRATION INTRODUCTION TO BILLING GUIDELINES The Division of Risk Management, Bureau of Claims Administration, (Division) is

More information

Electronic Discovery

Electronic Discovery Electronic Discovery e-discovery: A Primer Mauricio Perry, CRM, CEDS Mauricio Perry, CEDS, CRM 1 Disclaimer I am not a lawyer The ideas exposed here are not to be construed as legal advice but are educational

More information

AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA To amend the District of Columbia Procurement Practices Act of 1985 to make the District s false claims act consistent with federal law and thereby qualify

More information

The Top Ten List (and one) of Changes to the Federal Rules

The Top Ten List (and one) of Changes to the Federal Rules The Top Ten List (and one) of Changes to the Federal Rules The List (1) The rules now refer to electronically stored information, which is on equal footing with paper. Rules 26(a)(1), 26(b)(2), 26(b)(5)(B),

More information