The 2015 Amendments to the Federal Rules of Civil Procedure, which promised to change the shape of eDiscovery, have been in place for more than a year. More than 300 federal court decisions have been reported that apply to one or more of these new rules.
In this fast-paced session, a United States Magistrate Judge and a nationally-recognized scholar in the field of eDiscovery will dissect some of the more significant decisions and assess their impact on the information governance, risk assessment, data preservation, and discovery response decisions that you and your counsel will need to make in 2017 and beyond.
KEY ISSUES THIS SESSION WILL ADDRESS
Some of the key issues this session will focus on include:
- What is all this talk about “cooperation” between adversaries in lawsuits, and what does it have to do with me?
- How has the concept of “proportionality” in the new Rules helped focus the scope of eDiscovery?
- How are courts requiring more detail and transparency in eDiscovery responses?
- Has the concept of “reasonable steps” in preservation efforts changed my spoliation risk profile?
- What will courts be requiring if I want to get my electronic records into evidence?
KEY TAKEAWAYS FROM THIS SESSION
This session will get you up to speed on the increasing number of court decisions addressing the preservation, management, and disclosure of electronic records in civil litigation. The court decisions discussed will provide useful lessons on:
- The role of Elecronic Records Management in reducing the risks and costs associated with civil litigation;
- The trigger, scope, and process of the “legal hold” over electronic records subject to discovery;
- The preparation of counsel to effectively negotiate eDiscovery issues;
- The use of information search and retrieval technology in eDiscovery;
- Avoiding the imposition of sanctions for the loss or destruction of electronically stored information subject to discovery; and
- Making sure the “good stuff” can be admitted into evidence.
The 2015 Amendments to the Federal Rules of Civil Procedure represent a clear roadmap for compliance with eDiscovery obligations. You need to understand not only the Rules themselves, but how federal courts across the country are applying them. Join us for a fast-paced, high-level overview of the impact the Rules have had on electronic records management decision-making in the context of civil litigation.
Speakers: Kenneth Withers, Esq., Hon. Mary Rowland