This CLE course will address a litigant's pursuit of discovery regarding an adversary's efforts to search for, locate, preserve, and collect relevant ESI (a/k/a "discovery on discovery" or "process-directed discovery"), including (1) the interplay between cooperation and transparency in discovery; (... Read More

This CLE course will provide guidance for counsel in drafting and responding to discovery requests for private data and social media discovery and collaborative technologies, such as Teams or Google Suite. The webinar will also discuss strategies to leverage this evidence at trial or in settlement n... Read More

This CLE course will offer best practices for drafting clear, up to date, effective litigation hold notices to third parties and to the client's employees; writing compelling responses to notices from others; and implementing an efficient collection and preservation process. The panel will discuss w... Read More

This CLE webinar will offer attorneys battle-tested and practical strategies and tips for getting the most out of existing AI discovery and litigation tools and also present unvarnished insights about the real state of generative AI and the traps to avoid. The panel will offer demonstrations of gen... Read More

This CLE course will provide attendees with practical guidance on preparing and producing below budget privilege logs that will not draw valid objections. The panelists will discuss the key components of a log, negotiating less onerous logging requirements, metadata, categorical logs, identifying fl... Read More

This CLE course will identify and review solutions to the recurring and seemingly universal flouting of the Federal Rules of Civil Procedure and their state counterparts concerning written and oral discovery. Read More

This CLE course will discuss significant exceptions to third-party attorney-client privilege waivers, including the Kovel doctrine for third-party consultants, the common interest doctrine, and the functional equivalent doctrine. The program will address the scope and applicability of these exceptio... Read More

This CLE course will discuss how counsel can objectively satisfy the Fed. R. Civ. P. 26(g) duty to make reasonable inquiry into the client's discovery responses and thereby certify that the client has met its discovery obligations. The program will review what being "actively involved in discovery"... Read More

This CLE webinar will discuss the boundaries of the litigation privilege and attorney immunity as defenses to retaliatory civil actions and ethical complaints filed against attorneys and party opponents. The panel will also survey evidentiary and procedural issues that arise in these cases. As part... Read More

This CLE will discuss best strategies for managing the risks associated with employees' use of personal devices for business purposes, including governance and control considerations, litigation strategies, and identifying, collecting, and producing ESI on employee-owned devices while protecting and... Read More

This CLE webinar will discuss defending clients interacting with and being investigated by state Attorneys General and other federal enforcement bodies, such as the Consumer Financial Protection Bureau (CFPB) or the Federal Trade Commission (FTC). The panel will address preserving and protecting con... Read More

This CLE webinar will discuss how to get a court's attention in a discovery dispute and prove (or disprove) annoyance, embarrassment, and undue burden for Federal Rule of Civil Procedure 26(c) and corresponding state court rules. The panel will discuss the evidence needed beyond boilerplate recitals... Read More

This CLE course will equip litigators to assert or overcome privileges beyond the attorney-client privilege and the work product doctrine by understanding overlooked exceptions and limitations to discovery and testimonial privileges and immunities. The program will discuss the often-overlooked fiduc... Read More

This CLE webinar will seek to comprehensively address the issue of "mixed" or "dual-purpose" communications between clients and counsel. The CLE panel will survey the states' different approaches to the issue, discuss key federal court decisions on the topic, and apply these state and federal law pr... Read More

This CLE webinar will guide litigators in managing high-stakes clashes between U.S. discovery obligations and foreign privacy protection laws, primarily the EU's General Data Protection Regulation (GDPR). The panel will discuss the growing importance of foreign privacy laws in U.S. litigation, curre... Read More

This CLE course will guide counsel through the processes and mechanics of actually obtaining mobile phone data from mobile phone carriers when one does not have access to the individual device or when it is impractical to forensically analyze each relevant person's phone or device. The program will... Read More

This CLE course will explore the challenges in responding to document requests--particularly broad requests--under FRCP 26 and 34 and propose solutions to several perennial discovery problems, including overbroad requests, privilege, and novel ways to restrict responses. The panel will also raise qu... Read More

This CLE webinar will guide counsel through better strategies and practices for thoroughly reviewing an opposing expert's report efficiently but carefully. The panel will discuss why most counsel fail to get as much leverage as possible by failing to follow the best procedures. The panel will explai... Read More

This CLE course will provide attendees with practical guidance and innovative ways to reduce the burdens of producing defensible privilege logs under Fed. R. Civ. P. 26(b)(5)(A), while still adequately protecting privileged communications and work product. The panel will (1) discuss leveraging Feder... Read More

This CLE course will address a litigant's pursuit of discovery regarding an adversary's efforts to search for, locate, preserve and collect relevant ESI (a/k/a "discovery on discovery") including: (1) the interplay between cooperation and transparency in discovery; (2) recent judicial decisions addr... Read More

This CLE course will explore how to avoid producing through discovery an incident-response report prepared for litigation and how commercial litigators can consult with experts in preparation for litigation while safeguarding the work product and attorney-client privilege. The panel will discuss the... Read More

This CLE course will provide trial lawyers with critical guidance on using third-party subpoenas to obtain testimony and evidence under FRCP 45. The panel will also discuss best practices for objecting to, limiting the scope of, and quashing subpoenas. Read More

This CLE course will provide attendees with practical guidance on preparing and producing below-budget privilege logs that will not draw valid objections. The panelists will discuss the key components of a log, negotiating less onerous logging requirements, metadata, categorical logs, identifying fl... Read More

This CLE course will discuss why practitioners must revise and update outdated litigation hold notices, policies, and implementation procedures, as well as best practices for doing so. The program will offer suggested language for notices and recommendations for preserving, collecting, reviewing, an... Read More

This CLE course will provide counsel with guidelines for dealing with three recurring "mistakes" or missteps that occur during discovery and production of documents, review the surprising nuances and limits of computing and extending time under Federal Rule 6, and point out strategies for proving ex... Read More

This CLE course will examine the evidentiary and discovery issues arising from the pervasive use of video conference platforms. Counsel must understand what data is being created, the cost of storing it, how that data should be managed, retention policies, and potential legal obligations. Read More

This CLE course will equip the multinational litigator to use process in the U.S. to obtain discovery for proceedings underway in foreign countries. 28 U.S.C. 1782, as interpreted by the Supreme Court in Intel Corp. v. Advanced Micro Devices Inc., provides an oft-overlooked but highly powerful tool... Read More

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... Read More

This CLE course will equip counsel with the tools necessary to control outside counsel discovery costs and maximize return on the capital expended. Rather than accepting the explanation that discovery costs neither be predicted or controlled, counsel should require litigators to state specific objec... Read More

This CLE course will provide litigation counsel with an analysis of the doctrine of proportionality in e-discovery, its relevant metrics, and best practices for convincing a court to enforce proportionality. Read More

This CLE course will offer suggestions to litigators to help them comply with the new GDPR during e-discovery. Now that the GDPR is in full effect, litigators in the United States must take steps consistent with the GDPR and recognize that possible significant penalties exist for failure to comply w... Read More

This CLE course will provide investigative tips for tracking down admissions by opponents on social media sites, strategies for drafting discovery relating to social media accounts, guidance on sending spoliation warning letters for social media posts, and a roadmap for subpoenas of social media evi... Read More

This CLE course will provide guidance for litigators to leverage metadata as evidence in litigation while preventing inadvertent exposure of the attorney's or client's metadata. The panel will discuss best practices for managing complex metadata during litigation to provide substantive evidence and... Read More

This CLE course will explore the thorny privilege issues that arise when companies self-investigate accidents or incidents involving their products or services. The panel will review recent court rulings on attorney-client privilege, self-critical analysis privilege, paralegal investigations and the... Read More