Email: The Smoking Gun in Discovery

The proliferation of electronic communication creates significant challenges for attorneys -- on the one hand to meet discovery obligations and avoid inadvertent disclosure of privileged material -- and on the other to ferret out key evidence from other parties.

Because email is off the cuff and informal, it has proven to be devastating evidence time and again, exposing "the real story" behind the spin. And, it never dies – even deleted email can be recovered by computer forensics.

The e-discovery amendments to the Federal Rules of Civil Procedure that go into effect December 1 are a direct response to the pervasiveness of electronic documents in evidence.

Listen as our authoritative panel provides guidance to develop effective information management and discovery strategies tailored to email and other electronic communications.

Robert D. Brownstone, Law & Technology Director, Fenwick & West LLP, Silicon Valley. A member of four state bars and of the Information Systems Auditing and Control Association, he advises clients on electronic discovery and on electronic information retention/destruction policies and protocols. He also regularly collaborates with clients and colleagues to assess and implement computer support solutions for litigations and transactions. A nationwide speaker and writer on numerous law and technology issues, he was recently named by Law & Politics magazine as a Northern California "Super Lawyer."

Dean D. Hunt, Partner, Baker Hostetler, Houston. He focuses his practice on complex technical litigation and telecommunications and has acted as lead counsel for plaintiffs and defendants in high profile cases, including numerous class action and multiparty litigations. He is a frequent lecturer on e-discovery and preserving the lawyer-client privilege in a wireless business environment.

Michele E. Moreland, Partner, McDermott Will & Emery, Silicon Valley, is a member of the Intellectual Property, Media & Technology Department and concentrates her practice on patent litigation. She counsels clients in a range of technology industries and has authored several articles relating to e-discovery issues.

The panelists address these and other key questions:

• How do the final amendments to the Federal Rules address electronic communications as evidence?
• How can attorneys advise clients to manage email communications and storage to avoid inadvertent disclosure of privileged material?
• Who should pay for email-related discovery -- what are the trends in cost-shifting and sharing?
• What are an attorney's obligations to prevent spoliation of email evidence?
• What are the best practices for corporations to train staff on the proper use and management of email?

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