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ADVANCED ISSUES IN E-DISCOVERY

Macaronis Institute for Trial & Appellate Advocacy

Please Note: This course has already been held.

Date: Friday, November 02, 2007

Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 09:00 AM - 04:00 PM

Faculty
Schedule/Agenda
Registration Information

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If you practice anywhere in or around litigation, you have a new job. Like it or not, you are now an e-discovery expert by default. As such, you need to keep abreast of new cases, new products and vendors, and new expectations from courts and clients about how you will manage the disruption and expense of this constantly evolving area of the law. Congratulations. Now what?

Expanding on last year’s successful introductory seminar, this program offers a more advanced look at e-discovery issues for those who know the outlines of the new federal rules but are looking for practical advice to help survive and thrive in this new role. You will hear from a diverse range of panelists, including experts from litigation support departments, inside and outside counsel’s offices, academia and the federal bench. Together, they will offer real world solutions to a variety of challenges:

  • How to assemble an e-discovery support team
  • How to select cost-effective vendors and technological tools to gather, review and analyze data
  • How and when to adopt forensic controls
  • How to develop and implement effective “litigation holds”
  • How to negotiate your way through meet-and-confer sessions and courtroom appearances
  • How to avoid ethical pitfalls along the way

Don’t let the anniversary of the federal rules amendments next December pass by without getting yourself up to speed in this critical area. Your new job depends on it.

  F A C U L T Y

  Jeffrey S. Follett, Esq., Co-Chair
  Foley Hoag LLP, Boston, MA
   
  Neil V. McKittrick, Esq., Co-Chair
  Immediate Past President of the Federal Bar Association
Goulston & Storrs, P.C., Boston, MA
   
  David Baldwin
  Litigation Support Manager
Choate Hall & Stewart, Boston, MA
   
  David K. Gelb, Esq.
  Gelb & Gelb LLP, Boston, MA
   
  Russell B Gregg, Esq.
  Counsel, Complex & Emerging Risk Claims
Liberty Mutual Insurance Company
   
  Douglas M. Herman
  UHY Advisors FLVS, Inc., New York, NY
   
  Honorable Timothy S. Hillman
  U.S. Magistrate Judge
United States District Court for the District of Massachusetts
Former Project Executive for the Information Technology Project of the
Massachusetts Trial Court
   
  Professor Andrew M. Perlman
  Suffolk University Law School, Boston, MA
   
  Priscilla Rush, Esq.
  Litigation Support Manager
Foley Hoag, LLP, Boston, MA
   
  Joseph S. Sano, Esq.
  Prince, Lobel, Glovsky & Tye, LLP
Boston, MA
   
  S C H E D U L E / A G E N D A

9:00 WELCOME & INTRODUCTIONS
Jeffrey S. Follett, Esq., Chair



9:10 STRATEGIC PLANNING FOR E-DISCOVERY
  • The emerging view of e-discovery from the law department
  • Litigation readiness
  • New trends in the automation of e-discovery processes
  • Best investments in guiding the client and law firm for e-discovery battles
  • How to evaluate/assess e-discovery vendors
Priscilla Rush, Esq. and David Baldwin



10:20 BREAK

10:35 WHAT TO DO WHEN LITIGATION STARTS: PRESERVATION ISSUES, INITIAL DISCLOSURE AND THE INITIAL CONFERENCE
  • What triggers the duty to preserve electronically stored information
  • How widely does the preservation net need to be cast and does this evaluation change at different stages of litigation
  • Best practices for implementing and updating litigation hold notices
  • What details about ESI do you need for initial disclosures
  • Determining reasonable timeframes for case scheduling when dealing with uncertain but large volumes of electronic information
  • Reasonable and unreasonable meet and confer positions and how to convince the judge
Neil V. McKittrick, Esq., Co-Chair, Russell B. Gregg, Esq. and Joseph S. Sano, Esq.



11:35 Q & A

11:45 COLLECTING ELECTRONICALLY STORED INFORMATION
  • Scope of collection/e-discovery landscape
  • When is forensic collection necessary
  • Best practices in executing forensic collection
  • Internal or external oversight of data harvesting
  • Special issues associated with electronic information stored outside the U.S.
  • What are we using experts for?
  • Independence of expert advice and privilege issues
Daniel K. Gelb, Esq. and Douglas M. Herman



12:45 Q & A

1:00 LUNCH (on your own)

2:00 ETHICAL ISSUES
  • The evolving law of inadvertent disclosures
  • Approaches to the problem under the Federal Rules
  • The particular problem of metadata mining
  • Best practices
Jeffrey S. Follett, Esq. and Professor Andrew M. Perlman



3:00 DEVELOPMENTS IN CASE LAW
Honorable Timothy S. Hillman



4:00 CONCLUDE

  G E N E R A L   I N F O

Date:  

Friday, November 02, 2007

Tuition:  

Tuition is $249, $199 for Suffolk alumni, attorneys admitted to the Bar after 2004, and members of the Federal Bar Association.



Walk-Ins:  

Space is limited. Registrations at the door are welcome, but please register in advance to reserve a seat and your written course materials or call to confirm space availability.



Refunds:  

Written requests for cancellations received via fax or email 24 hours prior to the program will be granted a refund, minus a $15 charge. If you cannot attend, you can send a substitute, otherwise you will receive the written course materials.



Location:  

Suffolk University Law School, 120 Tremont St., Boston, MA



Credit:  

This course will provide CLE Credit in RI, NH, VT & ME; this program includes 1 hour of ethics credit.



Special
Needs:
 

If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.




Directions to the Law School.

 

Unable to attend but are interested in the course materials?
Purchase Here!


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