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Advanced eDiscovery Institute: State Approaches to eDiscovery


Product Code - LGAU15
Speaker(s): John J. Rosenthal, Winston & Strawn LLP; Hon. Herbert B. Dixon Jr., Superior Court of the District of Columbia; Hon. Peter Flynn, Illinois Circuit Court; Hon. Elizabeth T. Maass, Fifteenth Judicial Circuit of Florida (ret.); Thomas Y. Allman, University of Cincinnati
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Most civil litigation is conducted in state, not federal court. The states have taken a variety of approaches to eDiscovery, including adopting the 2006 amendments to the Federal Rules in toto, adopting discrete parts of the amendments, rejecting all or components of the Federal Rules, relying on state-specific case law development, doing nothing at all, or a combination of all of the above. This panel, which includes judges from several states, looks at these approaches and considers how practitioners and parties can implement best practices for complying with eDiscovery obligations in state court.

John J. Rosenthal, Winston & Strawn LLP; Hon. Herbert B. Dixon Jr., Superior Court of the District of Columbia; Hon. Peter Flynn, Illinois Circuit Court; Hon. Elizabeth T. Maass, Fifteenth Judicial Circuit of Florida (ret.); Thomas Y. Allman, University of Cincinnati

Moderator:

John J. Rosenthal / Winston & Strawn LLP
John J. Rosenthal is a litigation partner in the firm’s Washington, D.C. office who represents clients across the globe in an array of complex antitrust and litigation matters. His practice also involves counseling clients on a variety of trade regulation, trademark, and commercial issues. Mr. Rosenthal is chairman of the firm’s e-discovery and electronic information practice group and is one of the most experienced practitioners in the United States in the area of electronic discovery and risk reduction from electronic discovery. With this background, he counsels a wide variety of companies on record retention programs, compliance with electronic discovery, and implementing programs to reduce risk associated with the generation and retention of electronic records. Mr. Rosenthal also lectures across the United States on the issues of electronic discovery and record retention programs. Mr. Rosenthal is a participant in the Sedona Conference on Best Practices for Electronic Discovery and Records Management, a group of lawyers, judges and vendors focusing on the development of the law regarding electronic discovery and retention issues in both the United States and the European Union. To date, this group has put together two authoritative pieces on these issues, which have been cited by various federal and state courts. Mr. Rosenthal also is an advisory board member of the Georgetown University Law Center Continuing Legal Education EDiscovery Institute, Lexis-Nexis, Surety, Inc., and Electronic Evidence, Inc.

Speakers:

Hon. Herbert B. Dixon, Jr. / Superior Court of the District of Columbia
Hon. Herbert B. Dixon, Jr. was appointed to the Superior Court of the District of Columbia in 1985. He received a Bachelor of Science degree in Electrical Engineering from Howard University and his Juris Doctor degree from Georgetown University Law Center. Following law school, Judge Dixon served as law clerk to the Honorable H. Carl Moultrie I, then an associate judge on the Superior Court of the District of Columbia. Immediately thereafter, Judge Dixon entered private practice, which included criminal defense, civil and appellate litigation, corporations, administrative procedures, domestic relations, and public utility regulation. Judge Dixon is a former Chair of the National Conference of State Trial Judges of the American Bar Association, a member of the ABA TECHSHOW Planning Board, a member of the Board of Trustees of the Foundation of the Bar Association of the District of Columbia, Senior Judicial Advisor to William & Mary Law School’s Courtroom 21 Project, and a member of the American Law Institute – American Bar Association (ALI-ABA) Advisory Panel on Technology. Judge Dixon has served on the Board of Directors of the Bar Association of the District of Columbia, the National Board of Directors of the American Lung Association, the Board of Directors of the Combined Health Appeal of the National Capital Area, the Board of Directors of the District of Columbia Lung Association, the Board of Directors of the Council for Court Excellence, the Board of Directors of the Junior Citizens Corps, and the Board of Directors of the Capitol View Development Corporation. Within the Superior Court, Judge Dixon is a former presiding judge of both the Civil Division and the Multi-Door Dispute Resolution Division, and served as Chair of the Electronic Filing Pilot Project, which received national recognition for its success. Judge Dixon is a member numerous local and national organizations.

Hon. Peter Flynn / Illinois Circuit Court
Peter Flynn, a graduate of Harvard College and Yale Law School, practiced civil litigation (mostly complex business and commercial cases) for 30 years. He was appointed an Illinois Circuit Judge in 1999, elected in 2000, and retained by the voters in 2006. As a judge, he served in the Commercial Calendar section of the Cook County Circuit Court's Law Division from 2000 through 2002, and has served in the Chancery Division since December 2002. He is a member of the American Law Institute. He is vice chair (and a founding member) of the Chicago Bar Association's Commercial Litigation Committee. He is a member of the Board of Overseers of the Searle Civil Justice Institute at Northwestern University. Since 2002, he has taught Illinois Civil Procedure at The John Marshall Law School in Chicago. He has been a panelist or speaker in numerous judicial education and practitioner CLE programs, focusing most recently on discovery (including e-discovery) concerns. He is a member of The Sedona Conference® Working Groups 1 and 2.

Hon. Elizabeth Maass / Fifteenth Judicial Circuit of Florida (Ret.)
Hon. Elizabeth Maass retired from the Fifteenth Judicial Circuit of Florida in June of this year, having served as a trial judge for over 21 years. She was the presiding judge in Coleman (Parent) Holdings, Inc. v. Morgan Stanley & Co., one of the first cases in state court to present significant electronic discovery issues. She was active in judicial education throughout her service on the bench. Prior to her appointment, Judge Maass was a partner at Alley, Maass, Rogers & Lindsay in Palm Beach, Florida, where she practiced commercial and corporate law. Judge Maass graduated from Princeton University, with honors, where she majored in Economics, and from Columbia University School of Law, where she was a Harlan Fiske Stone Scholar.

Thomas Y. Allman / Cincinnati
Thomas Y. Allman is an attorney and consultant. He speaks and writes extensively on the interrelationship of corporate compliance policy and the effective management of electronically stored information (“ESI”). Thomas is co-editor of the PLI Electronic Discovery Deskbook and an Adjunct Professor at the University Of Cincinnati College Of Law. He is also Chair Emeritus and an active member of the Steering Committee of The Sedona Conference® Best Practice Recommendations for Addressing Electronic Document Production and was Senior Editor of the Second Edition (2007). He has authored or edited several other publications of The Sedona Conference®, including The Sedona Guidelines for Managing Information and Records in the Electronic Age, The Sedona Conference® Commentary on Legal Holds, The Sedona Conference® Commentary on Email Management, and The Sedona Conference® Best Practices Commentary on Search & Retrieval Methods. Thomas practiced law as a Partner at Taft, Stettinius & Hollister LLP in Cincinnati until joining BASF Corporation as Vice President, Litigation, in 1993. He retired in 2004 as Senior Vice President, General Counsel, and Chief Compliance Officer at BASF and thereafter spent three years as Special Counsel to Mayer Brown LLP in Chicago.