(1 hour or 2 hour Seminar) (Continuing Education Credit Available in Many Jurisdictions)

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The goal of this two-hour course is to provide attendees with the outline of a functional process for undertaking e-discovery of computers, networks, and data archives that is thorough, complete, effective, justifiable to the court, and cost efficient.

In litigation across the United States, clients and counsel have been sanctioned for avoidable discovery errors.  Discovery costs are often inflated due to unnecessary imaging, eyes-on review, and duplication of effort.  Electronic documents are voluminous.  Electronic documents are stored on hard disk drives, disks, tapes, and other small devices in multiple locations.  Often technical and economic reality will prohibit the preservation, review, and production of each and every electronic document subject to discovery rules.  Under certain circumstances, the Federal Civil Rules require reports and explanations to the court.  Thus, the discovery process must be well-conceived and all decisions documented.

This course will discuss how to effectively undertake the following e-discovery functions:

(i)   Instructing the litigation hold;
(ii)  Surveying sources of electronically stored information (ESI);
(iii)  Locating sources of ESI;
(iv)  Preserving sources of ESI;
(v)  Accessing sources of ESI;
(vi)  Keyword searching;
(vii)  Reviewing and organizing;
(viii)  Producing ESI; and
(ix)  Testifying on authenticity and admissibility of e-documents and on justification for e-discovery procedures.