Ethics & E-Discovery, Dos, Don’ts and Really Don’ts

This program provides a review of best practices and pitfalls in dealing with Electronically-Stored Information both before and during litigation. The CLE is designed to help both litigators and non-litigators understand the developing law around electronic communications so that they can position their clients for good outcomes and avoid ethical traps.  

A rough outline is as follows:

• Pre-Litigation: What Every Lawyer Needs to Know
• Litigation Holds: Figuring Out What Needs to be Preserved and Taking Steps to Preserve It
• Written Discovery: Establishing the Contours of Discovery
• Going over the “Discovery Cliff”: Collecting and Reviewing ESI
• Low-Hanging Fruit: Informal and Nonparty Discovery
• You’ve Made Your Production – What Next?
  • Claw-backs
  • Reviewing the other side’s production
  • Deficiency Letters