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2012 eDiscovery Wrap-Up: What Happened in 2012 and What Do We Expect in 2013?



Tuesday, January 15, 2013
Product Code - LGN101
Speaker(s): Maura R. Grossman, Wachtell, Lipton, Rosen & Katz; Ronald J. Hedges, Ronald J. Hedges LLC and Corodemus & Corodemus; Jeane A. Thomas, Crowell & Moring LLP
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The faculty for this program will review the significant eDiscovery case law and other developments in 2012, with a panel discussion of what litigators, in-house counsel, and service providers might expect in 2013 and beyond. Discovery of electronically stored information (ESI) under the Federal Rules of Civil Procedure and state rules is becoming a central focus in most civil actions, a trend accelerated by the rise of “Big Data” in the corporate and government sectors and the explosion of social media. Technology-assisted review (TAR) has burst onto the scene. Anyone who participates in civil litigation as counsel of record, party representative, or consultant must understand the trends that are likely to continue in 2013 and beyond.

Educational Objectives:

• Understand what courts are likely to expect of both parties and their counsel as ESI becomes commonplace in all types of civil actions, both Federal and State.

• Understand the obligations imposed on counsel by Rules 11 and 26(g) of the Federal Rules of Civil Procedure and State equivalents when they make disclosures, responses and objections, or sign papers filed with a court.

• Learn what recent cases have (and have not) held regarding technology-assisted review (TAR) and what to expect moving forward.

• Understand how the attorney-client privilege and work-product may be protected during review and production of significant volumes of ESI.

• Appreciate the use of proportionality principles in civil litigation to control the costs and burdens associated with the discovery of ESI.

• Understand how to avoid the “trap” of sanctions for spoliation or other mistakes made during electronic discovery.

• Learn about proposed amendments to the Federal Rules.

Who would benefit from attending?

Anyone involved in civil litigation and discovery of ESI would benefit from attending this program. This includes counsel of record, those assisting such attorneys including paralegals and litigation support professionals, in-house counsel and other corporate representatives (including IT and RIM personnel) who work with counsel of record and who may appear at court conferences, and third-party service providers who are retained to work with any or all of the others.

Program Level: Intermediate

Credit Available: CLE. For more information, please click on the “CLE Credit” tab.

Maura R. Grossman, Wachtell, Lipton, Rosen & Katz; Ronald J. Hedges, Ronald J. Hedges LLC and Corodemus & Corodemus; Jeane A. Thomas, Crowell & Moring LLP

Maura R. Grossman, Wachtell, Lipton, Rosen & Katz
Maura R. Grossman is Counsel at Wachtell, Lipton, Rosen & Katz, where she advises the firm and its clients on legal, technical, and strategic issues involving electronic discovery and information management, both in the U.S. and abroad. Ms. Grossman is co-chair of the E-Discovery Working Group advising the New York State Unified Court System and a member of the Steering Committee of The Sedona Conference® Working Group 1 on Electronic Document Retention and Production. She is a past coordinator of the Legal Track of the National Institute of Standards and Technology’s Text Retrieval Conference (TREC), a joint government/industry/academic research project studying the application of automated information retrieval technologies to e-discovery. Ms. Grossman teaches electronic discovery at Columbia Law School and serves on the Advisory Boards of Bloomberg BNA’s Digital Discovery and E-Evidence Report and the Georgetown University Law Center’s Advanced E-Discovery Institute. In addition to her law degree from the Georgetown University Law Center, Maura also holds an M.A. and Ph.D. in Psychology from Adelphi University.

Ronald J. Hedges, Ronald J. Hedges LLC and Corodemus & Corodemus
Ron Hedges is a special master, arbitrator, and mediator working with e-discovery and privilege issues. He served as a United States Magistrate Judge in the District of New Jersey from 1986 to 2007. He is a member of The Sedona Conference® Advisory Board and a member of the Advisory Board of the Advanced E-Discovery Institute of Georgetown University Law Center, where he teaches e-discovery and e-evidence. He also teaches at Rutgers School of Law—Newark. Mr. Hedges is author of, among other publications, Discovery of Electronically Stored Information: Surveying the Legal Landscape (BNA: 2007) and a co-author of Managing Discovery of Electronic Information: A Pocket Guide for Judges (Federal Judicial Center: 2007). He serves on the Advisory Board for The Sedona Conference®.

Jeane A. Thomas, Crowell & Moring LLP
Jeane A. Thomas is chair of Crowell & Moring’s E-Discovery and Information Management Group and a partner in the firm’s Antitrust Group. In her role with the E-Discovery practice, Ms. Thomas has managed many types of E-Discovery matters in both government investigations and private litigation. She regularly counsels clients on Litigation Readiness Planning, including the development and application of effective information management policies and legal hold practices, as well as E-Discovery response plans. Ms. Thomas is a participating member of The Sedona Conference Working Group 1 on Electronic Document Retention and Production and Working Group 6 on International Electronic Information Management, Discovery and Disclosure, and co-chairs Working Group 1's Healthcare Team. She is also a member of the Advisory Board and Faculty of the Georgetown University Law Center Advanced Institute for E-Discovery. She regularly speaks and writes on U.S. and transnational E-Discovery issues. Ms. Thomas earned a B.A., summa cum laude, from Ohio State University and a J.D., cum laude, from Georgetown University Law Center.

This program is CLE-credit eligible.

If you have further questions regarding a specific state or how to file for CLE credit, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the Legal and Business CLE Accreditation Coordinator.

Hardship Policy
Bloomberg BNA offers a hardship policy for attorneys earning less than $50,000 per year. If an attorney wishes to take advantage of this option, he or she must contact Bloomberg BNA directly. For attorneys who are unemployed or earning less than $35,000 per year, a full discount off the price of the program will be awarded upon written proof of hardship. Attorneys earning between $35,000 and $50,000 per year will receive a 50% discount off the price of the program. Any attorney working in the public service sector also qualifies for a special price. If you have further questions regarding the hardship policy or seek additional information, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to Lindsey Pace, CLE Accreditations Coordinator, or email us at accreditations@bna.com.

Questions
For more information about Mandatory or Minimum Continuing Legal Education (MCLE) requirements, visit the American Bar Association website at http://www.abanet.org/cle/mandatory.html.