Effectively Managing Electronic Evidence to Avoid Client and Attorney Sanctions and Penalties
CD of Teleconference with Q&A
Click here for program outline
Conducted on Wednesday, August 27, 2008
Now available on CD
Sponsored by the Legal Publishing Group of Strafford Publications
Attorneys should be on alert to the recent federal court ruling in Qualcomm Inc. v. Broadcom Corp. The court took Qualcomm and its counsel to task for failing to turn over email evidence. If it can happen to the attorneys in this case, all highly regarded professionals, it can happen to you.
The Qualcomm ruling is a strong reminder of the price that corporations and their counsel can pay for failing to produce emails and electronic documents. The judge ordered Qualcomm to pay Broadcom’s litigation costs ($8.5 million) and referred its counsel to the state bar for investigation.
Electronic communication continues to present significant challenges for attorneys — from meeting discovery obligations and avoiding inadvertent disclosure of privileged material to ferreting out key evidence from other parties.
Listen as our panel of authoritative litigators examines the practical considerations for proper handling of electronic communications, the consequences of inadequate management, and best practices for email and ESI retention and production.
The panel included:
Michael E. Lackey, Jr., Partner, Mayer Brown, Washington, D.C. He focuses on civil and criminal litigation and electronic discovery. He represents major companies and individuals in state and federal proceedings, including multidistrict and class litigation.
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.
The panel reviewed these and other key questions:
- How can attorneys advise clients to manage 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?
TELECONFERENCE CD
Purchase a CD-ROM of the full conference proceedings, including Q&A and PDF files of all handouts (available 10 days after the program).
- Regular Price - $247 (plus $9.45 S&H)
- With Teleconference Registration – an additional $75 (plus $9.45 S&H)
CLE credit is available for an additional $65 each for attorneys seeking CLE credits for NY or CT.
Other states may grant CLE credits for listening to this CD - check with your state about applying for self-study credit on CD-listening.