Electronically Stored Information and Competence: What An Attorney Must Know and How to Learn It

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Electronically stored information (ESI) is ubiquitous.  It is – or should be – a subject for discovery in all litigation. Moreover, attorneys communicate with clients, other attorneys, and the public through electronic methods  on a regular basis. For these reasons, for an attorney to be competent, he or she must have ‒ or learn ‒ skills in managing ESI.

Competence when dealing with ESI is critical for attorneys to effectively represent their clients in litigation and in negotiation. It is also necessary to maintain client confidences and avoid wavier of the attorney-client privilege and work product protection. Competence in ESI is also important as attorneys engage in advertising and discussions in social media.

Educational Objectives:
• Understand what questions to ask of clients and the adversaries involving ESI in litigation and issues that arise when delegating responsibilities to co-counsel, vendors, or experts.
• Appreciate how to communicate with your client and others when engaged in transactional practice.
• Learn about issues associated with maintaining confidential communications.
• Recognize how the Internet and social media may be used when dealing with third parties and the public.

Who would benefit most from attending this program?
Litigators; transactional attorneys;  in-house counsel who coordinate litigation with retained counsel.



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. 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).


Amy Walker Wagner is a partner in the New Jersey office of her firm, where she focuses on the areas of complex commercial, intellectual property, and whistleblower litigation. She also counsels clients on complex matters dealing with contractual, employment, constitutional, legislative, and white-collar criminal issues. Among other matters, Ms. Wagner has successfully represented a global insurance firm in a multi-district litigation and before the Fifth Circuit Court of Appeals; pursued RICO claims against numerous criminal defendants in a complex, multi-year fraud action on behalf of a mortgage lender; defended a multinational corporation against securities fraud claims brought by a state pension plan; actively represented whistleblowers in numerous False Claims Act litigations; and is on the brief in a pending whistleblower action before the United States Supreme Court. She also lectures frequently on electronic discovery issues and whistleblower litigation.

Ms. Wagner earned a J.D. from Rutgers University School of Law – Camden, where she served as Constitutional Law Editor for the Rutgers Law Journal, and a B.A. in political science from Loyola University - New Orleans. She is admitted to practice in New Jersey and New York as well as before the U.S. Supreme Court; the U.S. Courts of Appeals for the Third and Fifth Circuits; and the U.S. District Courts for the Districts of New Jersey and the Southern and Eastern Districts of New York.


Kelly Warner is a partner in the Chicago office of Schiff Hardin and is a member of the Litigation and Compliance, Investigations and White Collar practice groups. She serves as the firm’s eDiscovery Partner, consulting with clients and colleagues on eDiscovery obligations, and as the Chair of the firm’s eDiscovery Committee. Ms. Warner also conducts internal investigations, responds to regulators’ inquiries, advises clients on corporate compliance, and represents clients in prosecuting and defending complex civil litigation matters. She is an adjunct professor of law at the Loyola University Chicago School of Law and is a member of The Sedona Conference® Working Group One on Electronic Document Retention and Production (WG1), as well as the Seventh Circuit Electronic Discovery Pilot Program.

Ms. Warner earned a J.D. from Loyola University Chicago School of Law and a B.A. in social relations, with honors, from Michigan State University. She is admitted to practice in Illinois as well as before the U.S. District Courts for the Central and Northern Districts of Illinois and the Eastern District of Michigan.


Lea Malani Bays is Of Counsel at Robbins Geller Rudman & Dowd in San Diego, which specializes in complex securities litigation on behalf of investors. She currently focuses on the firm’s electronic discovery issues from preservation through production. She is familiar with the various stages of electronic discovery, including identification of relevant electronically stored information, data culling, predictive coding protocols, privilege and responsiveness reviews. Ms. Bays also has also has experience in post-production discovery through trial preparation for a wide range of litigation.

Ms. Bays earned a J.D., magna cum laude, from New York Law School and a B.A. from the University of California, Santa Cruz. She is admitted to practice in California and New York.