ESI Discovery in Federal Criminal Cases: Leveraging the New JETWG Recommendations

Government issues long-awaited guidance for criminal cases in Feb. 2012

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

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Conducted on Thursday, April 26, 2012

Recorded event now available

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Course Materials

This CLE course will provide guidance to attorneys in criminal matters on the newly released Recommendations for ESI Discovery issued by the Joint Electronic Technology Working Group. The panel will outline best practices for managing electronic discovery.


In Feb. 2012, the Joint Electronic Technology Working Group, including representatives from the Department of Justice and Office of Defender Services and liaisons from the U.S. Judiciary, released its Recommendations for ESI Discovery in Federal Criminal Cases.

The Recommendations provide the first ever guidance for counsel to manage the complex challenges of discovery of electronically stored information (ESI) in criminal trial preparation. The Recommendations will have a significant impact on how the courts and practitioners handle electronic discovery.

While the Recommendations were developed for federal criminal trials, they are expected to be widely applicable in non-federal criminal cases. Counsel dealing with criminal trials must understand the new guidance and prepare to apply the Recommendations in their e-discovery practice.

Listen as our authoritative panel examines the new e-discovery protocol for criminal matters and offers best practices for managing e-discovery in criminal matters.



  1. New e-discovery protocol for criminal matters
    1. Investigative materials
    2. Witness statements
    3. Documentation of tangible objects
    4. Photographs and recordings
    5. Wire tap information
    6. Court records
    7. Immunity agreements, plea agreements and the like
    8. Related materials
  2. Best practices for managing e-discovery in criminal matters
    1. Meet and confer
    2. Search and information retrieval
    3. Preservation and retention
    4. Records disposal
    5. Privilege
    6. Legal holds
    7. Exchange of discovery


The panel will review these and other key questions:

  • What is the expected impact of the new ESI protocol in federal criminal matters?
  • What approaches are available to deal with discovery exchange challenges?
  • What measures can counsel use to properly preserve electronic information?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Wise, Andrew
Andrew T. Wise

Miller & Chevalier

Mr. Wise defends clients in white collar criminal and civil trials and represents multinational companies in fraud and...  |  Read More

Laura Billings
Laura Billings

Miller & Chevalier

Her practice focuses on white collar criminal defense, with particular emphasis on complex financial crimes. She has...  |  Read More

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