The 2006 Amendments to the Federal Rules of Civil Procedure ushered in a new era into the practice of law – the era of electronic discovery. Over thirty states have now adopted either the very same of similar rules that regulate the discovery of Electronically Stored Information (ESI).
In this electronic discovery seminar attorneys Gordon D. Cruse and James D. Hennehoefer present a thorough examination on the state of eDiscovery today and provide many best practices and trial tips for the handling of ESI.
The main topics discussed by Mr. Cruse and Mr. Hennenhoefer include what is ESI, the duty to preserve, the client’s lack of planning, and mining electronic evidence under the Electronic Discovery Act. Other issues presented include where data lives, discipline & sanctions, company policies, using vendors, metadata, form of production, running an effective key word search, RFPs, and reasons to object. Mr. Hennenhoefer also offers an excellent analysis of four main cases: Zubulake v. UBS Warburg, Morgan Stanley, Metropolitan Opera v. Local 100, and Qualcomm v. Broadcom.