Catalyst, Secure Repositories for E-Discovery, eDiscovery, Electronic Discovery

Electronic Discovery in a Global Environment?The Law and the Technology

This course will explore how the current information explosion is transforming the civil litigation and regulatory process both in the United States and around the world. We will examine developing case law and standards on electronic discovery and address the practical problems and issues which arise in the preservation, collection, searching, processing and production of electronic data. The course will also provide an introduction to technologies, tools, and software currently used in this rapidly developing specialty area.

Course topics will include:

• Data preservation and disclosure obligations under the amendments to the Federal Rules of Civil Procedure including an examination of the duties and responsibilities of counsel under Rule 26(f) and a practical discussion on how to prepare for and handle the Rule 26(f) conference;
  
• The data destruction safe harbor provisions under Rule 37(f);
  
• The preservation of attorney-client privilege in large productions including the use of "quick-peek" and non-waiver provisions;
  
• The rules governing obtaining electronic data from 3rd parties;
  
• Ethical and disclosure obligations under the new Federal Rules;
  
• Sanctions for spoliation of data and other e-discovery violations;
  
• A technical primer on the varieties and locations of electronically stored information with an introduction to computer forensics, data recovery, and their application to the discovery and litigation process;
  
• An introduction to litigation support repositories including a discussion of advanced search techniques, the use of new analytical tools for grouping and finding documents and new statistical sampling techniques used to manage large-scale document review;
  
• A look at emerging best practices and principles for conducting electronic discovery such as the Sedona principles and Maryland Protocol;
  
• Techniques for the authentication and admissibility of electronic data at trial.
  
• International privacy rights and emerging restrictions on conducting discovery in Europe and Asia including a discussion of the EU privacy rules, the Department of Commerce Safe Harbor Program, OECD and Asia Pacific rules on privacy, Hague treaty and blocking statutes and practical implications for attorneys trying to conduct or defend against discovery.

Course Dates: Monday through Thursday, October 12-22

Course Home | Week One | Week Two | Applied Search Project | Faculty | Course Description?| Resources Page?