E-Discovery in Antitrust Lawsuits and FTC/DOJ Investigations
Managing and Producing Electronic Information Under the Amended Federal Rules
Recording of a 90-minute CLE teleconference with Q&A
Conducted on Wednesday, March 25, 2009
Recorded event now available
This seminar will examine the federal rules amendments on e-discovery and offer best practices for counsel involved in antitrust litigation and FTC and DOJ investigations.
Description
Antitrust investigations and lawsuits by the Federal Trade Commission and Department of Justice trigger unique e-discovery challenges for businesses. Electronic information, including email, metadata and backup files, is critical evidence in proving or disproving anti-competitive conduct.
Antitrust counsel must understand and prepare for the differences in dealing with the FTC and DOJ on e-discovery issues — and the issues that tend to arise in civil and criminal investigations, as well as in the second request process.
To meet the strict time limits to respond to requests for documents in government investigations and litigation, counsel must fully grasp the recent federal amendments. Failure to strictly comply can result in huge strategic disadvantages — and even court sanctions.
Listen as our authoritative panel of antitrust attorneys reviews the e-discovery rules amendments and how they apply to civil and criminal investigations and the second request process.
Outline
- Amended Federal Rules of Civil Procedure
- Brief review of the rules
- Electronically stored information
- Pre-litigation
- Developing data retention and destruction policies
- Creating a plan to preserve and collect electronic information/evidence
- Creating an internal corporate response
- Data management
- Establishment of procedures to respond to litigation
- Government investigations
- FTC
- DOJ
- Government response
- In antitrust litigation
- Data management
- Scope of discovery
- Duty to disclose
- Special considerations
Benefits
The panel will review these and other key questions:
- What are the components of an effective overall electronic information management, retention and destruction strategy for companies with potential antitrust concerns?
- What unique e-discovery issues can arise in antitrust matters — and what are the best approaches for preserving and collecting potential evidence?
- What are the key differences in producing information for and negotiating with the FTC and DOJ?
- What is the impact of the amended discovery rules on the second request process?
Faculty
Michael G. Van Arsdall,
Counsel
Crowell & Moring, Washington, D.C.
He counsels clients on antitrust matters, including competition issues associated with mergers and acquisitions, joint ventures, government investigations and compliance with the Hart-Scott-Rodino Act. He also works extensively in the field of e-discovery and has handled all facets of complying with very large Second Requests.
Megan E. Jones,
Partner
Hausfeld, Washington, D.C.
She is class counsel in several pending antitrust cases. She organizes class counsel to institute preservation methods, coordinates and negotiates pre-trial orders regarding e-discovery issues, and works with clients regarding preservation obligations. She is a member of The Sedona Conference and co-authored The Sedona Conference® Glossary: E-Discovery & Digital Information Management (2d Ed.).
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*.
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Online CLE Audio $149.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.
MP3 Download (Audio Only) $49.00
Available 24 hours after the live event
CD $49.00
plus $9.45 S&H
Available ten business days after the live event
CLE Credit
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Customer Reviews
The seminar provided great examples to correspond with the subject matter.
Susan Gray
Hanesbrands Inc. - Law Dept.
The real case examples and case citations were very helpful.
Tyler Wilkinson
Axley Brynelson, LLP
All the speakers seemed extremely knowledgeable on the subject matter. Overall a very good seminar.
Stephan R. Silen
American AgCredit
Excellent topics, discussed very well.
McClure King
Dearborn National
I liked the practicality and thoroughness of the presentation and the handouts.
Barry Jasilli
CVS Caremark
Antitrust Law Advisory Board
Partner
Skadden Arps Slate Meagher & Flom
Partner
Fenwick & West
Shareholder
Greenberg Traurig
Partner
Foley & Lardner
Partner
Mayer Brown
Shareholder
Briggs and Morgan
Partner
Hogan Lovells
Partner
Jones Day
Partner
Akin Gump Strauss Hauer & Feld
Partner
Kaye Scholer
Partner
Gibson Dunn & Crutcher
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