Electronic Evidence: Strategies for Admissibility

Learn from the Most Comprehensive Federal Court Ruling to Date

Recording of a 90-minute CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, August 21, 2007

Course Materials


Now that the electronically stored information (ESI) has been revealed in discovery, what should counsel do to get it admitted as evidence? It would be a mistake for counsel to assume that e-mails and other electronic documents will have a free pass to admittance into evidence at trial.

In U.S. Magistrate Judge Paul Grimm's recent ruling in Lorraine v. Markel American Ins. Co., he provided significant guidance for determining the admissibility of ESI into evidence. The ruling sets forth persuasive criteria that can inform counsel's argument approaching any federal court with ESI.

Listen as our panel of litigation specialists examines and discusses the 101-page ruling and the guidance it provides for counsel seeking to have electronic data admitted into evidence.



The panel will review these and other key questions:

  • What criteria should counsel consider when attempting to get evidence admitted on a motion or at trial?
  • How can a proponent of electronic data lay a sufficient foundation for its admission into evidence?
  • What are the processes for mitigating and managing risks of failure to get ESI admitted into evidence?


Michael E. Lackey, Jr.
Michael E. Lackey, Jr.

Mayer Brown

He focuses on civil and criminal litigation and electronic discovery. He represents major companies and individuals in...  |  Read More

Jeffrey Fowler
Jeffrey Fowler

O’Melveny & Myers

He is a member of the Class Actions, Mass Torts, and Aggregated Litigation Practice Group, and is a founding member of...  |  Read More