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Protect Your Evidence From Spoliation

Date: Monday, March 19, 2018
Time: 1:00 - 2:30 pm EST
Length: 90 minutes

Sponsored by Lorman Education Services

Registration for Session Only: $199.00

Registration plus Session Recording and Written Materials: $268.00


Understand the unique challenges associated with your duty to preserve evidence.

Almost every lawyer has a basic understanding of the duty to preserve evidence. This obligation is particularly important with respect to the preservation of electronically stored information, which presents unique technical challenges for practitioners.

 This material provides an overview of the duty to preserve electronically stored information under both the common law and recently enacted amendments to the Federal Rules of Civil Procedure. This information would be essential to lawyers who regularly practice litigation to ensure that their clients comply with critical preservation standards.

Areas Covered in the Session:

Define Spoliation Evidence

  • Common Law Definitions
  • State of Mind and Prejudice
  • Proving Spoliation

FRCP Rule 37(e)

  • The Prejudice Requirement
  • Sanctions for Intentional Spoliation
  • Relationship to Common Law Standards

Breach of Duty to Preserve

  • When Is Duty Triggered?
  • What Is Covered?
  • State of Mind and Prejudice

Remedies for Spoliation of Evidence

  • Remedies Available for Intentional Spoliation
  • Remedies for Negligent Spoliation
  • The Relationship Between Rule 37 and Common Law Remedies

Spoliation Standards

  • Rule 37
  • Common Law
  • Proving Bad Faith or Intent

Credit Information (Sponsored by Lorman Education Services):

  • CLE
  • NALA
For Detailed Credit Information page click here

Only registered attendee will receive continuing education credit.

Instructor Profile:

Timothy D. Edwards, Edwards Law Group LLC

  • Founder of the Edwards Law Group LLC, in Madison, Wisconsin
  • Accomplished trial attorney who has litigated complex civil litigation cases throughout the United States for approximately 20 years
  • Adjunct lecturer at the University of Wisconsin Law School, where he has taught civil procedure, evidence and legal writing for more than 15 years
  • Member of District 9 Professional Responsibility Committee, the Seventh Circuit's Electronic Discovery Pilot Program and he is certified as an electronic discovery specialist by the Association of Electronic Discovery Specialists (ACEDS)
  • LL.M. degree, University of Missouri-Kansas City School of Law; J.D. degree, Wayne State University; B.A. degree, University of Wisconsin, Madison
  • Can be contacted at 608-441-5113

(Not available outside the US)