Description:
Understand how to effectively collect, preserve and review electronically stored information.
Every 21st Century organization continues to store excessive amounts of unnecessary data. Under-saving can sometimes lead to failure to meet legally imposed day-to-day retention obligations. On the other hand, the risks of over-saving are even greater. For example, the more electronically stored information (ESI) that is retained, the higher the risk of the data being hacked.
In addition, excess saving often leads to a giant data set that may be subject to discovery in litigations and/or regulatory investigations. The cost of finding, preserving, collecting, culling, reviewing and producing this data can run into the millions even on a relatively small matter. The costs of not substantially complying with the above electronic discovery (eDiscovery) steps can lead to a wide range of sanctions, ranging from reimbursing the opposing party for costs to an outright loss on the merits.
This content will touch on the various phases of eDiscovery, focusing on legal rules and technology processes regarding the identification and reduction of data prior to its review and production. Furthermore, the material will address data repositories now encompassed by eDiscovery, such as data stored in the Cloud, on mobile devices and on social media sites.
Areas Covered in the Session:
Day-To-Day Retention/Destruction
- Big Picture as to Policies/Programs
- Under-Saving Costs
- Over-Saving Costs
Basic Steps and Overview of the Preservation of ESI
- When and What to Preserve – Basics
- Typical ESI Sources and How to Preserve
- "Pre-Ecollection" Processes
- Avoid These Mistakes – Case Law and How Sanctions May Have Been Avoided
Modern Ediscovery Process Challenges for Litigants and Their Counsel
- Cloud Repositories and Social Media May Hold Relevant Data
- Bring Your Own Devices (BYOD) and Company Owned Personally Enabled (COPE) Devices – Mobile Devices Often Are Subject to eDiscovery
- Digital Forensics – What Is Hiding on Computers and Devices? Deleted Does Not Equal Delete
- Tips for Reducing ESI Volume – the Biggest Cost for ESI Is the Review, so Reduce Before Review
- Predictive Coding – How Machine Learning and Other Types of Technology Assisted Review (TAR) Can Greatly Reduce Costs and Increase Effectiveness
Credit Information (Sponsored by Lorman Education Services):
- CLE
- NALA
Only registered attendee will receive continuing education credit.
Instructor Profile:
Robert D. Brownstone, Esq., Fenwick & West LLP
- Technology & eDiscovery Counsel and Electronic-Information-Management (EIM) Group chair at Fenwick & West LLP, a 350-plus-attorney, Silicon Valley based, national law firm
- Advises clients and colleagues on electronic discovery, EIM and retention/destruction policies/protocols, social media rewards and risks, information security and data privacy
- As to many law and technology issues, nationwide conference chair, speaker and writer including on the www.ITLawToday.com blog
- Has taught electronic discovery law and process at four law schools
- Frequently quoted in the press as a source on electronic information issues
- Advisory board member, National Employment Law Institute
- Advisory board member, American Lawyer Media (ALM) Legal Tech conferences
- J.D. degree, magna cum laude, Brooklyn Law School; B.A. degree, Swarthmore College
- Can be contacted at rbrownstone@fenwick.com
(Not available outside the US)