Discovery And E Discovery CLE
Quimbee's discovery and e discovery continuing legal education (CLE) courses deliver the content lawyers need with engaging videos that are fun to watch.
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Quimbee Discovery and E-discovery CLE Online
If you’re looking for a simple, engaging way to learn about discovery and e-discovery and fulfill your continuing legal education (CLE) requirements, look no further than Quimbee CLE online.
All Quimbee CLE online courses are built from the ground up by our world-class team of attorneys and designers. Our goal is to create a product that will not only help you meet your CLE requirements but will actually be enjoyable. Sign up for a Quimbee CLE course today!
An Overview of Discovery and E-discovery
Discovery (or, in the digital case, e-discovery) is the process of identifying, collecting, and producing information in response to a request for production in a legal proceeding. This information can include anything from emails, social media, texts, and cell phone data, global positioning system (GPS) data, documents, presentations, databases, voicemail, apps, or any other digital record. At the federal level, e-discovery is governed primarily by the Federal Rules of Civil Procedure.
Lawyers dealing with cases of all sizes need to be familiar with the tools and methods of e-discovery, as sorting through thousands of emails and other electronic records have become a vital aspect of the litigation process. E-discovery is now ubiquitous; the provision of e-discovery tools has become a massive market, with the global e-discovery market expected to reach over $20 billion by 2024.
Who Should Take CLE Courses in Discovery and E-discovery?
All attorneys involved in litigation or investigation are likely to have some exposure to discovery and e-discovery during their careers. Because so much of daily life is now online, it is inevitable that electronic evidence will continue to play an increasing role in adjudications. Lawyers also need to be especially cognizant of the ethical implications and data-security needs associated with e-discovery. To get a better grasp of the latest developments in discovery, e-discovery, and the implications associated with these rapidly growing fields, try a Quimbee CLE course today!
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Use of Electronic Evidence at Trial
This course is designed to address the various evidentiary issues that arise with electronic evidence. For example, the presentation will cover the use of social media as evidence and how it is obtained and introduced into evidence. There will be a discussion of some of the preliminary evidence rules that are sometimes overlooked that can apply to social media and other electronic evidence. Issues with juries using social media during trial will also be covered. There will be a general discussion of the application of the hearsay rule to electronic evidence, and how to lay the proper foundation. Rules regarding spoliation of electronic evidence and the effect will be examined. The presentation will also deal with statutory provisions regarding discovery electronic information from third party providers. With the increased use of e-signatures, there will be coverage of issues that arise when introducing a document that has been electronically signed.
Use of Discovery Responses at Trial
It is not always clear how a deposition or written discovery responses can be used by a party during an evidentiary hearing or trial. The applicable discovery rules provide guidance, but frequently the judge is unsure of what is and is not permissible, and whether the response even needs to be shown to the witness or whether the witness or opposing party is allowed to explain or rebut a discovery response. This presentation will discuss the permissible use of discovery responses and depositions under the applicable rules of civil procedure. Additionally, there will be a discussion of practical considerations for use of the discovery. Finally, this presentation will provide suggestions on methods to make the discovery responses more effective or useful at a hearing or trial.
eDiscovery Primer: What You Need To Know And Why
Electronic evidence necessarily touches every case. Even a simple rear end car accident case is going to have potentially relevant electronic evidence on the drivers’ cell phones. Not only is a basic understanding of electronic discovery (eDiscovery) critical for effectively requesting and finding key evidence, but it is also mandated under an attorney’s duty of competence. The nuances of eDiscovery rules may very from state to state, but best practices for dealing with electronically stored information (ESI) are universal. The truth is, the key evidence in most cases is electronic. Finding that piece of evidence requires knowing what to ask for and the right tools to find the needle in the haystack. In this CLE course, attorney and eDiscovery specialist Aaron Cronan will help answer the common questions he encounters while advising litigators who finally decide to go after electronic evidence. He will demystify the seeming incomprehensible process of requesting, compelling, receiving and searching electronic evidence. He will discuss eDiscovery techniques to increase negotiating leverage early in the discovery process, and how to spot and defeat common dilatory tactics. This session will include examples from actual cases and real experiences to illustrate real-world application and raise the level of familiarity and comfort with eDiscovery.
An Introduction to e-Discovery - Sanctions Await the Nonchalant
e-Discovery has exploded onto the scene of commercial litigation. From its rudimentary beginnings around the start of the 21st Century, it has now become a major component of such litigation. Some have even dubbed it “The Tail that Wags the Dog in Complex Commercial Litigation.” In this Introduction to e-Discovery, attorneys learn e-Discovery from both the vendor’s and the litigator’s perspective. Participants will analyze several cases in which courts have admonished, sanctioned, or ruled harshly against attorneys who have been nonchalant about preserving, collecting, reviewing, or producing e-Discovery.
Tips for Effective Written Discovery
In this class Monty McIntyre, a seasoned Mediator, Arbitrator, and Referee at ADR Services explains how to effectively use written discovery to obtain the knowledge and information you need to help your client get the very best opportunity to be successful in their case. He will explore how to effectively use informal discovery, interrogatories, and requests for documents as well as subpoenas and motions to compel.
The Paper Chase: Practical Tips for Writing and Responding to Document Requests
While not the most glamorous part of litigation, document requests are a key method for obtaining winning evidence. This CLE covers writing and responding to document requests during the discovery phase of a lawsuit. Participants will learn practical tips they can implement in their own practices to draft effective document requests and think strategically when objecting and responding to document requests served on their clients. Participants will also gain insight into negotiating the scope of document requests and preparing for motion practice along the way, in case those negotiations break down.
Rule 35 Mental Examinations
This course will teach you the fundamentals of using federal Civil Rule 35 to take mental examinations, a discovery technique commonly used in employment cases by management to have a mental health practitioner intrusively question the plaintiff. We will discuss who can attend such an examination, the uses and misuse of “garden variety” emotional distress, the role of the treater and the treater as a “hybrid” witness, the reports required of a forensic expert and treater, as well as psychological testing and the controversy over malingering and the Fake Bad Scale, and tax treatment of emotional distress damages. By the end of this course you should be able to answer the following questions: Must the plaintiff endeavor to mitigate emotional distress damages? Can the defense conduct an ex parte interview of plaintiff's treater? And can the defense require the plaintiff to be interviewed by a vocational rehabilitation professional?
Social Media Discovery and Evidentiary Issues
Perhaps no area of discovery is more active than Social Media. The ubiquitous nature of cell phones and the proliferation of social media sites has spawned countless discovery challenges and disputes. This fast-paced seminar will help you identify the critical issues you need to focus on. Practice pointers, timely advice, and ethical considerations will also be offered – and will be valuable for all levels of experience with these complex issues.
The Duty to Preserve and the Legal Hold Process
This course provides a general overview of the common law duty to preserve evidence and the process of developing and implementing a legal hold. The discussion will focus on essential practice information for both new and experienced litigators and will provide tips for recognizing and complying with the duty. This seminar will also be useful to transactional attorneys and business advisors whose clients may become obligated to preserve documents and information.
Legal Aspects of Record Retention Policies and the Defensible Disposition of Records
Record-keeping and disposition policies and decisions are more important now than ever before, given the ease with which information is created and communicated, the multitude of digital applications, and the constant advancement of technology. Information, in either physical or electronic form, is an essential piece of doing business, yet the legal risks associated with retaining or destroying information are not always appreciated. Lawyers should understand the legal aspects of record-related policies and the possible legal consequences when records that should be kept are instead destroyed so they can counsel their clients when such issues arise.
Understanding Federal Rule of Evidence 804
With so many hearsay exceptions, where is a busy litigator to start? This refresher course breaks down Federal Rule of Evidence 804 and its exceptions in a comprehensive and clear manner. Fun pop culture examples are used to reinforce the material after the review. Brush up on these useful hearsay exceptions and be better prepared for your next trial.
The Ethics of Online Depositions
Depositions are an aspect of litigation that is fraught with ethical peril. There is little ability by the opposing party to regulate the preparation of the deponent, because the opposing party is not present. Unless the parties invite court intervention, no judge is present during the deposition itself to police the way the deposition is defended and taken. The format of online depositions present additional challenges. In this course we’ll discuss ethical traps for the unwary in the context of a realistic hypothetical employment discrimination case where online depositions are occurring
The Best Evidence Rule and Authentication
Trials are won and lost on evidence. Even having the best evidence to support your case theme and theory is useless if you can’t get that evidence admitted. In this practical refresher focusing on the Federal Rules of Evidence, attorneys will learn what it takes to authenticate any piece of evidence, best practices for doing so, and get a reminder of the specific types of evidence you must offer at trial under the Best Evidence Rule. This course will provide attorneys new to trial practice the practical application of evidence rules.
Understanding Federal Rule of Evidence 803
Most litigators agree—the hearsay rules are challenging. Familiarity with the many exceptions to this rule of exclusion are key if you want to succeed at trial. In this practical refresher focusing on the Federal Rules of Evidence, you’ll review the major exceptions to the rule against hearsay that are found in Federal Rule of Evidence 803.
Use of Electronic Evidence at Trial
This course is designed to address the various evidentiary issues that arise with electronic evidence. For example, the presentation will cover the use of social media as evidence and how it is obtained and introduced into evidence. There will be a discussion of some of the preliminary evidence rules that are sometimes overlooked that can apply to social media and other electronic evidence. Issues with juries using social media during trial will also be covered. There will be a general discussion of the application of the hearsay rule to electronic evidence, and how to lay the proper foundation. Rules regarding spoliation of electronic evidence and the effect will be examined. The presentation will also deal with statutory provisions regarding discovery electronic information from third party providers. With the increased use of e-signatures, there will be coverage of issues that arise when introducing a document that has been electronically signed.
Use of Discovery Responses at Trial
It is not always clear how a deposition or written discovery responses can be used by a party during an evidentiary hearing or trial. The applicable discovery rules provide guidance, but frequently the judge is unsure of what is and is not permissible, and whether the response even needs to be shown to the witness or whether the witness or opposing party is allowed to explain or rebut a discovery response. This presentation will discuss the permissible use of discovery responses and depositions under the applicable rules of civil procedure. Additionally, there will be a discussion of practical considerations for use of the discovery. Finally, this presentation will provide suggestions on methods to make the discovery responses more effective or useful at a hearing or trial.
eDiscovery Primer: What You Need To Know And Why
Electronic evidence necessarily touches every case. Even a simple rear end car accident case is going to have potentially relevant electronic evidence on the drivers’ cell phones. Not only is a basic understanding of electronic discovery (eDiscovery) critical for effectively requesting and finding key evidence, but it is also mandated under an attorney’s duty of competence. The nuances of eDiscovery rules may very from state to state, but best practices for dealing with electronically stored information (ESI) are universal. The truth is, the key evidence in most cases is electronic. Finding that piece of evidence requires knowing what to ask for and the right tools to find the needle in the haystack. In this CLE course, attorney and eDiscovery specialist Aaron Cronan will help answer the common questions he encounters while advising litigators who finally decide to go after electronic evidence. He will demystify the seeming incomprehensible process of requesting, compelling, receiving and searching electronic evidence. He will discuss eDiscovery techniques to increase negotiating leverage early in the discovery process, and how to spot and defeat common dilatory tactics. This session will include examples from actual cases and real experiences to illustrate real-world application and raise the level of familiarity and comfort with eDiscovery.
An Introduction to e-Discovery - Sanctions Await the Nonchalant
e-Discovery has exploded onto the scene of commercial litigation. From its rudimentary beginnings around the start of the 21st Century, it has now become a major component of such litigation. Some have even dubbed it “The Tail that Wags the Dog in Complex Commercial Litigation.” In this Introduction to e-Discovery, attorneys learn e-Discovery from both the vendor’s and the litigator’s perspective. Participants will analyze several cases in which courts have admonished, sanctioned, or ruled harshly against attorneys who have been nonchalant about preserving, collecting, reviewing, or producing e-Discovery.