E-Discovery and Spoliation Issues: Litigation Pitfalls, Duty to Preserve, and Clawback Agreements
Recording of a 90-minute CLE webinar with Q&A
This CLE course 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, then 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.
Outline
- Definition of spoliation in the context of e-discovery
- Discussion of the "duty to preserve" and when it arises
- Overview of national court trends in dealing with spoliation issues
- How to deal with inadvertent disclosures of electronically-stored information using clawback agreements
- 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 clawback 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
Charles G. Hoey
Of Counsel
Drew Eckl Farnham
Mr. Hoey has litigated workers' compensation, general liability, coverage, subrogation and other insurance claims... | Read More
Mr. Hoey has litigated workers' compensation, general liability, coverage, subrogation and other insurance claims for nearly 30 years. He is experienced in all kinds of workers’ compensation claims, including retail, trucking, distribution centers, factories, home healthcare, loggers, and construction. Mr. Hoey has also litigated wrongful death, auto accident, coverage issues, and other liability claims. He is also a frequent speaker and author on a variety of insurance defense topics including workers' compensation, general liability, e-discovery, litigation holds, e-preservation and ethics.
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Robert Quinn
Partner
Drew Eckl & Farnham
Mr. Quinn focuses his practice on general liability defense. He has a strong background in representing defendants... | Read More
Mr. Quinn focuses his practice on general liability defense. He has a strong background in representing defendants ranging from large international corporations to small businesses and individuals. Mr. Quinn has handled cases involving premises liability, auto liability, transportation law, and wrongful death. He represents clients in tort and contract defense in state and federal courts and has taken and defended nearly 100 depositions, prepared expert witnesses, and handled nearly every aspect of litigated claims, including serving as first chair on jury trials and more than 50 bench trials.
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