E-Discovery Strategies for Rule 45 Subpoenas and Non-Party Production
Recording of a 90-minute CLE teleconference with Q&A
Conducted on Wednesday, May 20, 2009
Recorded event now available
This seminar will review Federal Rule of Civil Procedure 45 and how it relates to Rules 26 and 34. The panel will focus on the duties of non-parties to preserve potentially responsive electronically stored information (ESI) and best practices for non-party production.
Description
Rule 45, which addresses the discovery of 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 this model.
ESI and its sources, critical to claims and defenses, are frequently outside the litigants' "possession, custody or control." Litigants must obtain information from outside sources, including from 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.
Outline
- Rule 45
- Overview of the rule
- Relationship to Rules 26 and 34
- Best practices — admissibility
- Duties of non-parties to preserve potentially responsive ESI
- Triggering the duty
- What should be preserved
- Ongoing obligation
- Consequences for failing to comply
- Litigation hold
- Issues facing non-parties
- Undue burden or cost
- Cost shifting — who will pay for production?
- Information in “possession, custody or control”
- Accessibility, sampling and privilege
- Form of production
- Cost shifting
- Best practices for non-party production
Benefits
The panel will review 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?
Faculty
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.
Todd L. Nunn, Partner
K&L Gates, Seattle
He practices litigation in state and federal court on behalf of corporate and governmental clients. He advises clients on e-discovery issues, document preservation and discovery response planning. His current practice emphasizes insurance coverage, electronic discovery and class action defense.
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.
Ordering
Online CLE - Audio Recording
Includes streaming audio of full program plus handouts (available 24 hours after live program).
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 $247.00
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. (*Indicates that Strafford needs to process the CLE — see below to purchase this option.)
MP3 Download (Audio Only) $247.00
Available 24 hours after the live event
CD $247.00
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
The best teleconference I have experienced — bar none. Well done in every respect.
Jake Jacobson
Osborne Construction
Strafford webinars are easy to use and I like to follow the program online.
Amanda Guile
Bateman Seidel
I liked the combined depth of information and speed of presentation. Well done!
Andre Dalbec
SAANYS
The presentations provided great insight.
Josh WInslow
Pabian & Russell
I particularly liked the references to recent case developments.
James Smith
Litigation Advisory Board
Partner
Reed Smith
Counsel
O’Melveny & Myers
Partner
SNR Denton
Shareholder
Capes Sokol Goodman & Sarachan
Partner
Baker & Hostetler
Partner
Mayer Brown
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.