Understand how to produce and preserve stored electronic information that can prove to be detrimental to your case.
This topic will focus on discovery of electronic information that is generated and stored in modern data storage systems and computers. Requests for, and disputes arising from, the preservation and production of electronic information have become common in the federal civil justice system and, increasingly, in the federal criminal justice system.
This topic will provide an introduction into how federal (and state) courts address discovery of electronic information and will also examine issues arising from preservation, processing, production, and presentation of evidence in electronic format.
Areas Covered in the Session:
Introduction to E-Discovery and Electronically Stored Information (ESI)
- Why ESI Is Different
- EDRM - One Model of E-Discovery
ESI Agreements - Making a Plan
- What Are ESI Agreements?
- Why Transparency?
- Privilege - FRE 502
Data Planning - Preservation and Collections
- Identification of Data
- Litigation Holds
- Remote; OnSite
- Inaccessible or Not-Reasonable-Accessible Data
- Cost Sharing; Cost Shifting
Data Management – Now That It's Collected, What's Next?
- Data Processing
- Search, Culling, Analysis
- Review Options
- Technology Assisted Review
- What Is It?
- How Is It Different?
Production of Data
- Production Formats
- Production Timing
- One Time
- Privilege Logs
Ethics of E-Discovery
- Cases, Issues
- Data Spoliation
Credit Information (Sponsored by Lorman Education Services):
For Detailed Credit Information page click
Only registered attendee will receive continuing education credit.
Troy M. Dunham
- A veteran attorney focusing specifically on eDiscovery since 1999
- Deep experience structuring and overseeing large-scale engagements and enterprise discovery for corporations and law firms
- Expert in the areas of information governance, data identification, preservation planning and meet and confer preparation
- Worked in-house at law firms, consulting firms, and at eDiscovery service providers
- Previously the vice president of eDiscovery and client services at an eDiscovery service provider and firmwide electronic discovery manager for Cooley LLP
- Worked in the eDiscovery field since 1999, specifically focusing on litigation readiness, meet-and-confer (FRCP 26(f)) sessions, collection, processing, review, and production
- Over the past decade, has worked on well over a thousand matters, including regulatory investigations and multi-billion dollar lawsuits involving hundreds of custodians and terabytes of data
- Participated in hundreds of meet-and-confer sessions, negotiated protective orders, drafted document preservation and production protocols, and participated in depositions of expert (FRCP 30(b)(6)) witnesses
- Wrote several articles on discovery and forensics; frequently speaks on eDiscovery and litigation technology topics, including lectures and webinars about advanced document review techniques, CLE programs and more
- J.D. degree, with honors, Concord Law School