Electronically Stored Information Preservation and Collection
Navigating the Changing ESI Landscape for Effective Litigation Holds
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide business counsel with a review of the implications of recent court decisions and explain the analytical framework for preserving electronically stored information (ESI). The panel will offer best practices for using litigation holds and preserving ESI.
Duty to preserve and managing preservation
- Triggering event
- Defendants v. plaintiffs
- Scope of preservation
- Ongoing obligations
Court treatment after Chin v. Port Authority of New York & New Jersey, (2d Cir. July 10, 2012)
- Differing approaches by the circuit courts of appeal
Case law updates
- Cloud computing
- Preservation and notice
Best practices for litigation holds
- Litigation hold checklist
- Possible use of technology
- Managing ongoing preservation obligations
The panel will review these and other key questions:
- What guidance do recent court decisions provide for analyzing spoliation claims?
- What technological developments have the circuits most recently addressed regarding ESI?
- What time and cost saving measures can counsel leverage to properly preserve electronic information?
- What are the first steps parties must take upon notice of a litigation hold?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Robert B. (Barry) Wiggins
He is a director in Deloitte Financial Advisory Services LLP and the National Leader for its Document Review Services... | Read More
He is a director in Deloitte Financial Advisory Services LLP and the National Leader for its Document Review Services practice. He offers practical advice to corporate clients and counsel on e-discovery issues and employs proven methods for preserving, gathering, reviewing, processing and producing discovery materials. He has significant experience using e-discovery tools to facilitate the discovery process. He is a member of Working Groups 1 and 6 of the Sedona Conference, and the ABA.Close
Michael E. Lackey
He is a litigator, serves on his Firm’s Partnership Board, is the Partner-in-Charge of the Washington, D.C.... | Read More
He is a litigator, serves on his Firm’s Partnership Board, is the Partner-in-Charge of the Washington, D.C. office, and co-leads the firm's Electronic Discovery and Records Management Practice. He also is a member of the Sedona Conference Working Group on Electronic Document Retention and Production and is on the Board of Advisors to Georgetown Law School Advanced E-Discovery Institute.Close
O'Melveny & Myers
He is one of the founders and leaders of the firm’s Electronic Discovery and Document Retention Practice and his... | Read More
He is one of the founders and leaders of the firm’s Electronic Discovery and Document Retention Practice and his practice is entirely dedicated to e-discovery issues in complex class actions and multidistrict litigation. He is responsible for the firm’s standard protocols for e-discovery and advises clients on litigation preparedness and document retention and destruction policies.Close