Email and Discovery Risks: Beyond Qualcomm v. Broadcom
Effectively Managing Electronic Evidence and Avoiding Sanctions, Penalties and Ethical Violations
Recording of a 90-minute CLE teleconference with Q&A
Conducted on Wednesday, June 3, 2009
Recorded event now available
This seminar will review discovery risks with email evidence for attorneys and clients, particularly since the Qualcomm Inc. v. Broadcom Corp. ruling. The panel will outline steps to properly manage, retain and produce electronic evidence without incurring sanctions and penalties or violating legal ethics.
Description
Attorneys face significant challenges with electronic communications evidence. Meeting discovery obligations, avoiding inadvertent disclosure of privileged material, and locating key evidence are just the start. Attorneys also face legal risks of e-discovery misconduct.
In the bellwether case of Qualcomm Inc. v. Broadcom Corp., a federal judge admonished Qualcomm and its counsel for failing to turn over email evidence. The court ordered Qualcomm to pay $8.5 million for Broadcom's litigation costs and referred counsel for possible state bar sanctions.
In some cases imposing sanctions for e-discovery misconduct, the attorney's conduct results in severe penalties for the client. In other cases, it is the client's conduct that leads to harsh penalties against counsel. What are the best practices for attorneys to navigate the risks of e-discovery?
Listen as our panel of experienced litigators examines the practical considerations for proper handling of electronic communications, the consequences of inadequate e-discovery management, and best practices for email and electronically stored information (ESI) retention and production.
Outline
- Qualcomm v. Broadcom
- Brief review of facts
- Judge Major’s ruling
- Business risks
- Practical considerations for proper handling of electronic communications
- Impact of the amended Federal Rules
- Duty to preserve
- Spoliation
- Collection
- Litigation risks
- Production of email and electronically stored documents
- Best practices for email and ESI retention and production
- Information management goals
- Legal hold policy
- Records management policy
- Inventory of records
- Records disposal policy
- Education/training
- CREDO (comprehensive case review and enforcement of discovery obligations)
- Ask questions and investigate
Benefits
The panel will review these and other key questions:
- What are the critical steps to advise clients in managing email communications and storage to avoid inadvertent disclosure of privileged material?
- What are an attorney's obligations to prevent spoliation of email evidence?
- What are best practices for email and ESI retention and production?
- What should attorneys learn from Qualcomm in terms of identifying electronic evidence that must be disclosed?
Faculty
Michael E. Lackey, Jr.,
Partner
Mayer Brown, Washington, D.C.
He focuses on civil and criminal litigation and electronic discovery. He handles multi-district and class action litigation, government contract disputes, and appeals. He is nationally recognized for his knowledge of electronic discovery issues and is a member of the Board of Advisors to the Georgetown University Law School Advanced E-Discovery Institute.
Marie A. Lona,
Partner
Winston & Strawn, Chicago
She chairs the firm’s E-Discovery and Electronic Information Practice Group and is experienced in e-discovery matters from assessment and retention through production and admissibility at trial.
Lynn M. Reilly,
K & L Gates, Seattle
Her practice includes work on a variety of litigation matters, including antitrust, contract and patent disputes. She is part of the firm's E-Discovery Analysis and Technology Group. She formerly worked at an electronic discovery service provider, consulting, speaking and writing on legal and technological issues related to discovery of electronic evidence.
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*.
Pre-approved for self-study credit in: AK, AZ, MO, MT, TX, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)
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 $197.00
plus $9.45 S&H
Available ten business days after the live event
CLE Credit
Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.
Customer Reviews
I liked the application of recent case law.
Jeff Vagle
Pepper Hamilton LLP
The seminar featured very knowledgeable presenters on an extremely important topic.
Kenneth Mathieu
FTI Consulting
The webinar provided good practical advice.
Peter Bado
Thrivent Financial
The speakers were excellent and made it easy to understand the complex subjects.
Michael Robinson
Winston & Strawn LLP
I received complicated information in an uncomplicated, concise and understandable manner.
Alice Mercado
Lemons, Grundy & Eisenberg
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
Our Guarantee
Strafford webinars and teleconferences are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10.