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.
- 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
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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 ›
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Status: Approved
Credits: 1.00 General
Status: Approved
Credits: 1.00 Technology in the Practice of Law
Status: Approved
Credits: 1.00 General
Status: Approved
Credits: 1.00 General
Status: Approved
Credits: 1.20 General
Status: Approved
Credits: 1.00 General
Status: Approved
Credits: 1.20 General
Status: Approved
Credits: 1.00 Technology Training
Status: Approved
Credits: 1.00 General
Status: Approved
Credits: 1.00 Substantive Law, Practice, and Procedure
Status: Approved
Credits: 1.00 General
Status: Approved
Credits: 1.00 General
Status: Approved
Credits: 1.20 General
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 General CLE credit in Missouri, one hour of General CLE credit in Nevada, 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, one hour of General CLE credit in Vermont, and one hour of General CLE credit in West Virginia. 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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