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Overview AI Webinar Summary

eDiscovery 101: What Every Litigator Should Know

This presentation will address the introduction of ESI in terms of what every litigator needs to know. We will cover basic technological concepts behind electronic evidence. We will then turn to address the preservation of ESI and its challenges, especially with newer data types such as chats, ephemeral messaging and collaboration platforms. Finally, we will do a survey of the federal rules as they relate to the discovery of ESI.

Topics covered include:

Discovery Law Practice Legal Tech

Agenda:

Introduction to ESI

Definition of ESI
Overview of the types of ESI
What makes ESI unique
New data types that present challenges

Preservation of ESI

Standard of preservation of ESI
Actual notice vs reasonable anticipation of litigation
Reasonable step to preserve ESI
Automated preservation
Possession custody and control

Overview of the Federal Rules of Civil Procedure Relating to the Discovery of ESI

Rule 1 – Cooperation
Rule 26(f) – Meet and Confer
Rule 16 – Pretrial Conference re ESI
Rule 34 – Request for Production
Production Format
Rule 37 – Sanctions / Curative Measures

Duration of this webinar: 60 minutes

Originally broadcast: April 27, 2026 10:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Understanding Electronically Stored Information (ESI)

John Rosenthal discusses the evolution of eDiscovery tools and the importance of analytics in every stage of the process. He highlights the shift from paper to electronic documents, noting that 97% of corporate information is now electronic. Electronic documents are described as voluminous, easily duplicated, and persistent, posing unique challenges compared to paper documents. John explains the significance of metadata and extracted text in electronic documents, which are not present in paper documents.

17:53 Complexities of E-Discovery

John elaborates on the complexities introduced by cloud storage and structured documents in eDiscovery. He explains the shift from personal computer storage to cloud-based solutions like Microsoft Office 365 and SharePoint. Structured documents, such as those in ERP systems, add another layer of complexity to eDiscovery. John highlights the emergence of new data types, including mobile applications and ephemeral messaging platforms. He discusses the challenges posed by collaboration platforms like Microsoft Teams, which generate various types of ESI.

30:07 Preservation and Legal Holds

John explains the duty to preserve documents in litigation, highlighting the complexity of preserving electronic documents. He discusses the triggers for the obligation to preserve, including pending litigation and reasonable anticipation of litigation. John emphasizes the importance of documenting the decision-making process regarding preservation. He outlines the steps for issuing a legal hold and developing a retention plan, distinguishing between dynamic and static ESI. He highlights the challenges of preserving data from cell phones, social media, and ephemeral communications.

45:54 Procedural Rules and Negotiation

John discusses the procedural rules governing eDiscovery, emphasizing the importance of understanding local, state, and federal rules. He notes the role of the Sedona Conference principles in guiding eDiscovery practices. John advises negotiating the scope of preservation and discovery with the opposing party to minimize expenses. He highlights the changes in the scope of discovery, focusing on not only relevance but also proportionality.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Speaker

John Rosenthal Partner
Shook, Hardy & Bacon LLP

John Rosenthal is a litigation partner in the firm's Washington, D.C. office who represents clients around the globe in an array of complex litigation matters, class action and multidistrict litigation. He also has substantial experience defending clients before federal and state enforcement agencies. His substantive focus includes business litigation, products liability, unfair competition, and false advertising. Read More ›

Continuing Legal Education (CLE) Credits

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Alaska CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: April 26, 2031

California CLE

Status: Approved

Credits: 1.00 Technology in the Practice of Law

Earn Credit Until: June 30, 2026

Hawaii CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: April 26, 2028

Illinois CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: April 26, 2028

New Jersey CLE

Status: Approved

Credits: 1.20 General

Earn Credit Until: April 26, 2027

North Carolina CLE

Status: Approved

Credits: 1.00 Technology Training

Earn Credit Until: February 28, 2027

Ohio CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: December 31, 2026

Pennsylvania CLE

Status: Approved

Credits: 1.00 Substantive Law, Practice, and Procedure

Earn Credit Until: April 26, 2028

Texas CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: March 31, 2027

Vermont CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: April 27, 2031

This presentation is approved for one hour of General CLE credit in Alaska, one hour of Technology in the Practice of Law CLE credit in California, one hour of General CLE credit in Hawaii, one hour of General CLE credit in Illinois, one hour of Technology Training CLE credit in North Carolina, one hour of General CLE credit in Ohio, one hour of Substantive Law, Practice, and Procedure CLE credit in Pennsylvania, and one hour of General CLE credit in Vermont. This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.20 hours of total CLE credit. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours.

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