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Sanctioning Inside Counsel, Retained Counsel and Parties: What? Why?


Product Code - LGN145
Speaker(s): Hon. Craig B. Shaffer, United States Magistrate Judge, District of Colorado; Jeane A. Thomas, Crowell & Moring LLP; Ronald J. Hedges, Ronald J. Hedges LLC; Amar D. Sarwal, Association of Corporate Counsel
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Sanctions are rarely imposed for eDiscovery or other litigation misconduct. However, when imposed, sanctions inevitably draw attention. Recent decisions have seen sanctions imposed not only on parties but on inside counsel and attorneys retained to represent corporate parties. Moreover, ethics opinions and rules can lead to sanctionable misconduct.

Why are sanctions imposed on these actors? What can be done to minimize the risk of sanctions? This program explores these questions through recent case law and ethics-related developments.

Electronically stored information (ESI) is pervasive throughout corporate and government entities and is increasing exponentially. ESI is commonly sought in discovery, and the mishandling of ESI is often the focus of sanctions. ESI must be mastered by inside counsel and must be coordinated with retained counsel for review and production purposes. This program focuses on that relationship and the respective obligations of all counsel involved in litigation. The faculty will explain what “competence” means in our digital age.

Educational Objectives:

• Understand the relationship and duties of inside and retained counsel in litigation.
• Learn what misconduct can result in the imposition of sanctions on inside and retained counsel.
• Find out about the ethical dimensions of the use of technology by attorneys.

Who would benefit most from attending the program?

Attorneys who are the “actors” in litigation and in investigations would benefit from this program, which will explore their interrelationships and use of technology:

• Inside counsel and members of corporate or government legal departments who coordinate and supervise litigation.
• Retained counsel who represent corporations or government entities.
• Attorneys, both inside and retained, who must understand technology and how technology can be used and misused.

Program Level: Advanced

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

Hon. Craig B. Shaffer, United States Magistrate Judge, District of Colorado; Jeane A. Thomas, Crowell & Moring LLP; Ronald J. Hedges, Ronald J. Hedges LLC; Amar D. Sarwal, Association of Corporate Counsel

Hon. Craig B. Shaffer, United States Magistrate Judge, District of Colorado
Hon. Craig B. Shaffer has been a United States Magistrate Judge for the District of Colorado since January 2001. Magistrate Judge Shaffer graduated from the College of William and Mary and earned a juris doctor cum laude from Tulane University’s School of Law. He has served as a Navy judge advocate, a senior trial attorney with the United States Department of Justice, and in private practice as a partner in two different Denver law firms. He is also a member of the Advisory Board for the Sedona Conference and has been a contributor to the University of Denver’s Institute for the Advancement of the American Legal System. Judge Shaffer is a frequent presenter at conferences and seminars addressing electronic discovery, including presentations organized by the Sedona Conference, Colorado’s Faculty of Federal Advocates, the Colorado Chapter of the Association of Corporate Counsel, Bloomberg BNA, the ABA’s Labor and Employment Law Section, the Rocky Mountain Intellectual Property Institute, and Georgetown University Law Center’s Advanced E-Discovery Institute.

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.

Ronald J. Hedges, Ronald J. Hedges LLC
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®.

Amar D. Sarwal, Association of Corporate Counsel
Amar D. Sarwal is the Vice President and Chief Legal Strategist of the Association of Corporate Counsel (ACC) in Washington, D.C. In this position, Mr. Sarwal leads efforts to engage Chief Legal Officers and other legal executives to challenge both law firms and in-house counsel to deliver real value for their clients and to shape the legal environment so that it advances the professional interests and unique perspectives of the in-house bar. To accomplish those objectives, he works with ACC’s leadership and members, government regulators and other organizations.

Mr. Sarwal joined the ACC in 2010 as Associate General Counsel, directing key advocacy efforts and issues of importance to in-house counsel and the bar at large such as multijurisdictional matters, corporate responsibility, attorney-client privilege, ethics and other issues that affect the ability of in-house counsel to provide effective guidance to their corporate clients. Prior to joining ACC, he served as General Litigation Counsel at the United States Chamber of Commerce, where he managed the Chamber’s extensive amicus curiae and party litigation docket before the U.S. Supreme Court and other federal and state courts. Before that, Mr. Sarwal was an associate in the Washington, D.C. office of Jones Day, practicing in the Issues and Appeals Section. Earlier in his career, he served as a judicial clerk to U.S. District Court Judge Little of the Western District of Louisiana and U.S. Court of Appeals Judge Krupansky of the Sixth Circuit of Ohio.

Mr. Sarwal graduated cum laude from the University of Michigan Law School and earned a Bachelor of Business Administration from the University of Texas at Austin, with a focus on International Business. He is admitted to practice in the District of Columbia, and before the U.S. Supreme Court and various federal courts. 

This program’s CLE-credit eligibility varies by state. Bloomberg BNA is an accredited provider in the states of New York, California, Pennsylvania, Texas and Virginia, and most other jurisdictions grant CLE credit on a per-program basis. At this time, Bloomberg BNA does not apply directly to the states of Florida, Rhode Island, Montana and Hawaii although credit is usually available for attorneys who wish to apply individually. Additionally, the following states currently do not grant credit for Bloomberg BNA OnDemand programming: Arkansas, Ohio, Nebraska, and Delaware. All requests are subject to approval once the live webinar has taken place or the customer has viewed the OnDemand version. Please contact the Bloomberg BNA accreditations desk if you have specific questions that have not been addressed.

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 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 the 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.