California's New E-Discovery Requirements
Preserving, Obtaining and Protecting Electronically Stored Information
Recording of a 90-minute CLE teleconference with Q&A
Conducted on Thursday, August 6, 2009
Recorded event now available
This seminar will examine California's new e-discovery rules and will discuss how they will change the litigation landscape. The panel will outline best practices for complying with the new requirements.
Description
On June 29, California's governor signed the state’s Electronic Discovery Act, which was immediately effective. The law amends the California Code of Civil Procedure and establishes procedures for the discovery of electronically stored information in California.
The new e-discovery rules include significant provisions concerning the form and extent of production and impose strict limits on production. The rules address the issues of third-party subpoenas, privilege and sanction safe harbors.
All attorneys who litigate in California state court must quickly grasp the new requirements, revise e-discovery practices, and advise clients on the new requirements for retention and destruction of electronically stored information to stay in compliance.
Listen as our authoritative panel of California litigators examines the new rules, including specifics on what has changed and what remains the same, compares the new law with the federal rules amendments, and discusses best practices for complying with the new rules.
Outline
- Electronic Discovery Act
- The rules — what has changed and what remains the same
- Meet and confer requirements
- Cost shifting
- Protective orders
- Timing
- Safe harbors
- Privileges and waivers
- Third party subpoenas
- Code of Civil Procedure sections impacted
- The rules — what has changed and what remains the same
- Comparison with the federal rules
- Best practices for e-discovery
Benefits
The panel will review these and other key questions:
- How do the new California e-discovery rules compare with federal rules? What are the differences?
- What strategies can counsel use to negotiate what is discoverable and who pays, including possible cost sharing and shifting?
- What time and cost-saving practices should companies and counsel employ to properly preserve electronic information?
Faculty
Robert D. Brownstone,
Law and Technology Director; Chair, EIM Group
Fenwick & West, Mountain View, Calif.
He advises clients on electronic discovery, information-security, electronic information management and on retention/destruction policies and protocols. A nationwide advisor, speaker and writer on many law and technology issues, he is frequently quoted in the press as an expert on electronic information.
Jeffrey Fowler,
Counsel
O’Melveny & Myers, Los Angeles
He is a member of the Class Actions, Mass Torts, and Aggregated Litigation Practice Group, and is a founding member of the firm's Document Retention and E-Discovery Practice. He is a firm leader on e-discovery and counsels clients on related topics, including litigation preparedness, legal hold obligations, e-data collection and production, and document retention policies.
David M. Hickey,
Partner
Winston & Strawn, Los Angeles
He serves as a vice chair of the firm’s E-Discovery Practice Group and concentrates his practice in class actions, corporate and securities law, and international commercial disputes and arbitration. He has served as lead counsel in more than 30 jury trials and numerous non-jury trials. He also serves as a domestic and international arbitrator, mediator, and judge pro tem.
Ordering
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Customer Reviews
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Jeff Vagle
Pepper Hamilton LLP
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FTI Consulting
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Google Inc.
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Pabian & Russell
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Virginia Beach Law Group
Litigation Advisory Board
Partner
K&L Gates
Counsel
O’Melveny & Myers
Partner
SNR Denton
Shareholder
Capes Sokol Goodman & Sarachan
Partner
Baker & Hostetler
Partner
Mayer Brown
Partner
Winston & Strawn
Partner
Akin Gump Strauss Hauer & Feld
Robert B. (Barry) Wiggins
Director
Deloitte Financial Advisory Services
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