Email and Discovery Risks: Beyond Qualcomm v. Broadcom
Effectively Managing Electronic Evidence and Avoiding Sanctions, Penalties and Ethical Violations
Recording of a 90-minute CLE webinar with Q&A
This seminar will review discovery risks with email evidence for attorneys and clients, particularly since the Qualcomm Inc. v. Broadcom Corp. ruling. The panel will outline steps to properly manage, retain and produce electronic evidence without incurring sanctions and penalties or violating legal ethics.
- Qualcomm v. Broadcom
- Brief review of facts
- Judge Major’s ruling
- Business risks
- Practical considerations for proper handling of electronic communications
- Impact of the amended Federal Rules
- Duty to preserve
- Litigation risks
- Production of email and electronically stored documents
- Best practices for email and ESI retention and production
- Information management goals
- Legal hold policy
- Records management policy
- Inventory of records
- Records disposal policy
- CREDO (comprehensive case review and enforcement of discovery obligations)
- Ask questions and investigate
The panel will review these and other key questions:
- What are the critical steps to advise clients in managing email communications and storage to avoid inadvertent disclosure of privileged material?
- What are an attorney's obligations to prevent spoliation of email evidence?
- What are best practices for email and ESI retention and production?
- What should attorneys learn from Qualcomm in terms of identifying electronic evidence that must be disclosed?
Michael E. Lackey, Jr.
He focuses on civil and criminal litigation and electronic discovery. He handles multi-district and class action... | Read More
He focuses on civil and criminal litigation and electronic discovery. He handles multi-district and class action litigation, government contract disputes, and appeals. He is nationally recognized for his knowledge of electronic discovery issues and is a member of the Board of Advisors to the Georgetown University Law School Advanced E-Discovery Institute.Close
Marie A. Lona
Winston & Strawn
She chairs the firm’s E-Discovery and Electronic Information Practice Group and is experienced in e-discovery... | Read More
She chairs the firm’s E-Discovery and Electronic Information Practice Group and is experienced in e-discovery matters from assessment and retention through production and admissibility at trial.Close
Lynn M. Reilly
K & L Gates
Her practice includes work on a variety of litigation matters, including antitrust, contract and patent disputes. She... | Read More
Her practice includes work on a variety of litigation matters, including antitrust, contract and patent disputes. She is part of the firm's E-Discovery Analysis and Technology Group. She formerly worked at an electronic discovery service provider, consulting, speaking and writing on legal and technological issues related to discovery of electronic evidence.Close
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