CD of Teleconference with Q&A
Click here for program outline
Conducted on Tuesday, September 9, 2008
Now available on CD
Sponsored by the Legal Publishing Group of Strafford Publications
Rule 45, which addresses the discovery of electronically stored information (ESI) from witnesses and other nonparties through the subpoena process, is among the recent federal discovery rules amendments. State civil procedure rules and local courts are now following suit.
ESI and its sources, critical to litigants' claims and defenses, are frequently outside their "possession, custody or control." Litigants must obtain information from outside sources, such as webpages, text messages and electronic records housed with healthcare providers, insurers and others.
Rule 45 provides litigants with a roadmap for obtaining such information from non-parties. However, a number of murky areas remain concerning non-party production for the requesting party and the responding non-party.
Listen as our authoritative panel of experienced litigators examines the changes to Rule 45, issues facing non-parties, and best practices for non-party production.
The panel included:
Todd L. Nunn, Partner, K&L Gates, Seattle. He is a member of the firm's E-Discovery Analysis and Technology Group (E-DAT) and advises clients on e-discovery issues, document preservation and discovery response planning.
Grant J. Esposito, Partner, Morrison & Foerster, New York. He is Deputy Head of the firm’s Electronic Discovery Task Force and focuses on complex commercial litigation issues, including electronic discovery and records management. He has particular expertise in representing clients in the pharmaceuticals and professional services industries in the United States, Canada and Europe.
Christopher J. Garvey, Partner, Goodwin Procter, New York. He concentrates his practice in the defense of complex litigation matters, including mass tort and toxic and environmental exposure matters. He also counsels companies concerning product liability exposure, and in conducting product liability “due diligence” regarding such issues as successor liability and insurance coverage.
The panel reviewed these and other key questions:
- What are the duties of non-parties to preserve potentially relevant electronically stored information — what triggers such responsibilities?
- How does the permissible scope of discovery of non-party data differ from the scope of discovery of party data?
- Under what circumstances can a party identify an outside ESI source as not reasonably accessible because of undue burden or cost?
- How should parties handle the call for "sensitivity" to avoid any undue burden and interference upon nonparties with regard to confidentiality issues?
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.