Discovery And E Discovery CLE

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.

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.

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.

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.

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.

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?

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.

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.

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.

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.

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

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.

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.

This presentation will provide an overview of what electronic discovery (“e-discovery”) is, how to make the right discovery requests, and how to object to discovery requests. The presentation will then discuss case law relevant to common issues in e-discovery, particularly those that relate to the ethical obligations of clients, outside counsel, and in-house counsel.