e-Discovery Developments in Employment Cases
Why Attend?
Get the information that's essential to your practice in a convenient, concise, and practical seminar. As an interactive seminar, the program affords the opportunity to submit questions for faculty discussion in advance of and during the event. This intermediate course of study, comprised of 120 minutes of instruction, provides guidance on the e-Discovery issues involved in Employment Cases.
What You Will Learn
E-Discovery has led to the explosion of litigation budgets, arcane technological disputes beyond the expertise of most practitioners, and, quite recently, to a client and ethical disaster in the now famous Qualcomm case. We are delighted to have two federal magistrate judges, Paul Grimm from the District of Maryland and James Francis from the Southern District of New York, both of whom have been in the forefront in the upsurge of ESI collateral litigation. For example, Judge Grimm is the author of the Lorraine decision which is a 100 page soup-to-nuts tutorial on the authentication and admissibility of ESI, and Judge Francis is the author of Treppel case where he articulated the legal principles applicable to disputes over the preservation and searching of back-up tapes. The Judges will discuss, analyze, and, most importantly, provide practice tips on ESI retention programs, when and how to implement a litigation hold, spoliation avoidance techniques and avoidance of a Qualcomm disaster, framing Rule 34 discovery requests in light of the new E-Discovery rules (TIF, pdf and when and how to go native), the importance of the Rule 26(f) conference, keyword search terms, the role of experts and lawyers in constructing search protocols in light of O’Keefe and Lundin, techniques to manage the exploding cost of E-Discovery, authentication and admissibility of ESI, attorney-client privilege issues, the proposed new Rule 502, Hopson, and clawback agreements, allocation of costs between the parties, and malpractice avoidance and the Hunton Williams model.
Topics include:
• Implementation of litigation holds
• Spoliation avoidance
• Costs – who pays?
• Keyword search terms, the role of lawyers and experts, and O’Keefe and Lundin
• Attorney-client privilege issues, Hopson, and clawback agreements
• Framing Rule 35 e-discovery requests -- when and how to go native
• Sedona conferences influence
Planning Chairs
Robert B. Fitzpatrick, Robert B. Fitzpatrick, PLLC, Washington, D.C.
Frank C. Morris, Jr., Epstein, Becker & Green, P.C., Washington, DC
Faculty
Hon. James C. Francis, United States Magistrate Judge, New York, NY
Hon. Paul W. Grimm, Chief United States Magistrate Judge, Baltimore, MD
Total 60-minute hours of instruction: 2.0; Total 50-minute hours: 2.4
Suggested Prerequisite: Limited experience in legal practice in subject matter.
Educational Objective: Development of proficiency in performance of intricate and complex legal tasks within a narrow area, provision of information on recent legal developments; maintenance of professional competence as a practitioner.
Level of Instruction: Intermediate
Times
Eastern 1 pm - 3 pm
Central 12 noon – 2 pm
Mountain 11 am – 1 pm
Pacific & Arizona 10 am – 12 noon
Alaska 9 am – 11 am
Hawaii 7 am – 9 am
