E-Discovery and Spoliation Issues: Litigation Pitfalls, Duty to Preserve, and Claw-Back Agreements

A live 90-minute CLE webinar with interactive Q&A


Thursday, September 6, 2018

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

or call 1-800-926-7926

This CLE webinar will emphasize the necessity of understanding technology issues, discuss recent developments in this area of law, and provide a basic outline of the law. If you are wondering whether you know enough about technology, e-discovery, and spoliation – you probably do not. Many states now have mandatory technology CLE requirements. Lawyers not in one of those states should impose these requirements upon themselves.

Description

In 2018, nearly every lawsuit and claim involves electronically stored or transmitted information. Once a claim commences, this information must be preserved and searched. Every trial attorney must have a working knowledge of e-discovery, spoliation, and technology issues.

Although the issue of spoliation can arise outside the context of e-discovery, many materials exchanged during discovery, or used as evidence in civil litigation today (such as photographs, recorded statements, police reports, medical records, videos, and the like) are stored and transmitted electronically. Changes and advances in technology have made spoliation law into a hot topic.

This seminar will cover a number of cases, from around the country, and discuss recent developments in e-discovery and spoliation law. The seminar will highlight how various judges have ruled on spoliation issues, and when the duty to preserve evidence arises. Different results have been reached, which range from no sanctions, to striking defenses for failing to preserve evidence - even if that evidence is in the immediate control of a non-party. Although courts come to different conclusions, one thing remains certain: courts have little or no patience with attorneys who are not familiar with technology, e-discovery, and spoliation issues.

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Outline

  1. Definition of spoliation in the context of e-discovery
  2. Discussion of the "duty to preserve" and when it arises
  3. Overview of national court trends in dealing with spoliation issues
  4. How to deal with inadvertent disclosures of electronically-stored information using claw-back agreements
  5. Best practices for litigators in spotting spoliation issues and seeking appropriate sanctions

Benefits

The panel will review these and other relevant topics:

  • What is a "duty to preserve" and when is it triggered during litigation?
  • How to avoid spoliation problems while using spoliation as a litigation weapon
  • How can parties use claw-back agreements to mitigate damage from inadvertent disclosures?
  • When and how do courts sanction parties who have destroyed or lost electronically stored information?
  • What advice should litigators provide to their clients regarding the preservation of electronically-stored information?

Faculty

Hoey, Charles
Charles Hoey

Of Counsel
Drew Eckl Farnham

Mr. Hoey has litigated workers' compensation, general liability, coverage, subrogation and other insurance claims...  |  Read More

Quinn, Robert
Robert Quinn

Drew Eckl Farnham

Mr. Quinn focuses his practice on general liability defense. He has a strong background in representing defendants...  |  Read More

Live Webinar

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$394

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Other Formats
— Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

48 hours after event

$297

Download

48 hours after event

$297

DVD

10 business days after event

$297 + $9.45 S&H