E-Discovery and Computer Forensics: Selecting and Managing Experts
Using Experts to Overcome ESI Admissibility Challenges
Recording of a 90-minute CLE teleconference with Q&A
Conducted on Tuesday, October 21, 2008
Recorded event now available
Description
The amended Federal Rules of Civil Procedure imposed new disclosure requirements on all sources of electronically stored information (ESI), and litigators are quickly adapting to the rapidly developing e-discovery environment.
The exponential growth of e-discovery has resulted in increased complaints about parties’ handling of ESI, forcing litigators to rely on e-discovery and computer forensics experts to help navigate through trial. Two 2008 decisions indicate that ESI experts may soon be a requirement in litigation.
The courts have not yet established clear standards for experts in e-discovery and computer forensics, placing counsel at a disadvantage when selecting an expert. However, there are some key factors litigators should consider when evaluating and selecting e-discovery and computer forensics experts.
Listen as our panel of litigators provides best practices for selecting and working effectively with e-discovery and computer forensics experts and strategies for admitting ESI into evidence.
Outline
- Common areas of dispute regarding ESI
- Selecting e-discovery and computer forensics experts
- Agreeing on the consultant’s role
- How to select one
- Sources: referrals from colleagues, internet searches, professional associations
- Credentials/certifications
- Knowledge/experience
- Communication/presentation skills
- Comfort with courtroom
- Forensic tools used by expert
- Daubert issues
- Managing relationship with experts
- Agree on expert’s role
- Clear communication between attorney and expert
- Explain theory of case to expert
- Strategies for admitting ESI evidence
- Federal Rule 901(b)(4) — authentication of electronic records
- Chain of custody issues
- Avoiding spoliation
- Responding to challenges to data
Benefits
The panel will review these and other key questions:
- What criteria should litigators consider when selecting an e-discovery or computer forensics expert?
- What are some best practices for working with experts, especially dealing with disagreements over strategy?
- What strategies have proven effective for obtaining admission of ESI into evidence?
Faculty
D. Christopher Ohly,
Partner
Schiff Hardin, Washington, D.C.
He has been a litigator for over 30 years, trying cases before state and federal courts and government agencies. He focuses on complex business litigation. He is a frequent speaker on e-discovery.
Brian E. Dykstra,
Owner and Senior Partner
Jones Dykstra & Associates, Columbia, Md.
His company provides computer forensics, electronic evidence discovery and litigation support to commercial and government clients. He has over eleven years experience in computer forensics.
Gregory L. Fordham,
K&F Consulting, Alpharetta, Ga.
He leads a ten-person forensic team, providing litigation support services in electronic discovery and computer forensics. He has testified as an expert witness in state and federal cases. He writes and speaks frequently on electronic discovery and computer forensics.
Conrad J. Jacoby,
Attorney and Consultant
efficientEDD, Arlington, Va.
He focuses on technology and its intersection with the law, assisting companies and law firms with litigation matters as a consultant and testifying expert. He writes and lectures extensively on e-discovery and litigation management.
Ordering
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