Discovery Resources

Date: Wednesday May 23, 2012
Time: 1:00 PM ET / 10:00 AM PT (60 minutes)

Aaron Crews, e-Discovery Counsel at Littler; Martha Dawson, Partner at K&L Gates; Joshua Gilliland of the Bowtie Law Blog; and Gina Sansone, Manager of Litigation Support and e-Discovery attorney at Axinn Veltrop & Harkrider (AVH) will discuss:

• A state-level predictive coding order – Global Aerospace v. Landow Aviation (Vir. Cir. Ct. Apr. 23, 2012).
• Personal computers and preservation – United Factory Furniture Corp v. Alterwitz (D. Nev. Apr. 6, 2012).
• Another predictive coding case – Kleen Products v. Packaging Corporation of America (N.D. Ill. Apr. 5, 2012).
• Discoverable chats – Glazer v. Fireman’s Fund Insurance

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Craig Ball’s paper, E-Discovery: A Special Master’s Perspective, acquaints readers with some of the circumstances lending themselves to appointment of a master, the advantages of using a master and the mechanics of appointment. The paper also includes tips on working with special masters, in particular eight questions litigants are expected to be able to answer. The paper’s appendix contains an exemplar appointment order. The full paper, plus appendix is available here.

Date: Wednesday April 25, 2012
Time: 1:00 PM ET / 10:00 AM PT (60 minutes)

Craig will discuss the growing trend of using special masters in e-discovery, the circumstances that lend themselves to the appointment of a master and the advantages of using a special master. He will also share tips on working with special masters, including a discussion of what questions litigants should be prepared to answer.

During this webcast, you will have an opportunity to:

• Explore the role of the special master
• Learn where to find a special master and how much it will cost
• Consider the pros and cons of using a special master
• Understand the

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by
Wallis Hampton, Counsel, Skadden, Arps, Slate, Meagher & Flom LLP & Affiliates
Elizabeth Russo, White Collar Crime Associate, Skadden, Arps
Canaan Himmelbaum, Account Executive, Fios Inc.

Recent years have seen dramatic shifts in the Securities and Exchange Commission’s approach to enforcement actions with respect to e-discovery. Beginning with its 2001 Seaboard Report, the SEC has heavily emphasized the importance of cooperation in investigations while simultaneously underscoring the perils of being perceived as uncooperative. In 2004, Stephen Cutler, the SEC’s Director of Enforcement at the time, noted that the SEC “seeks to recognize, in its charging and sanctioning decisions (and in its decisions not to charge and notcontinue…

Exactly one year after the complaint was first filed in a gender discrimination suit, an important, brand new e-discovery opinion is out. Judge Peck has issued the first opinion approving use of computer-assisted review in Da Silva Moore v. Publicis Groupe, No. 11 Civ. 1279 (ALC) (AJP) (S.D.N.Y. Feb 24, 2012). The discovery order has been receiving a great deal of attention, and this week we were pleased to have Seth Row present a summary of the case in the Fios Winter Case Law Update webcast on February 28 (listen here).

An American affiliate of a French parent company, Publicis Groupe, is in the advertising and public relationscontinue…

Date: Tuesday February 28, 2012
Time: 1:00 PM ET (60 minutes)

Emily Johnston, Counsel at Fulbright & Jaworski, Ralph Losey, National e-Discovery Counsel and Chair of the Electronic Discovery Practice Group at Jackson Lewis, and Seth Row, Partner and e-Discovery Consultant at Parsons Farnell & Grein will discuss:

• Judge Peck’s new opinion on Computer-assisted Review – Da Silva Moore v. Publicis Groupe (S.D.N.Y.  Feb. 24, 2012) presented by Seth Row.
• New York State adopts federal preservation standard – Voom v. EchoStar (N.Y. App. Div Jan. 31, 2012) presented by Emily Johnston.
• Proportionality in preservation obligations – Pippins v. KPMG (S.D. N.Y. Feb 9, 2012) presented by Ralph Losey.
• Keyword

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Tired feet, goody bags filled with tradeshow swag, a few lucky winners of iPad prizes and minds on overload – another LTNY is over.

Attendance was strong, maybe even better than last year. The vendor-customer ratio was nicely balanced, and the crowd was a good mix of lawyers from big firms, solo practitioners, litigation support folks and service providers.

Those who spent the long days in booths on the show floor report that traffic was good. People visited the vendor exhibits to get booth-scans, catch up with peers and, most importantly, learn about new or improved product and service offerings.

Networking is always a large draw for show participants, butcontinue…

Date: Tuesday February 28, 2012
Time: 1:00 PM ET (60 minutes)

This quarterly case law update from Fios explores recent court decisions related to e-discovery, the impact these cases are already having and may have in the future, and tactics and strategies organizations should consider to help control their e-discovery risks.

Rebecca James is joined by special guests Ralph Losey, National e-Discovery Counsel and Chair of the Electronic Discovery Practice Group at Jackson Lewis, and Seth Row, Partner and e-Discovery Consultant at Parsons Farnell & Grein.

The panel discusses highlights of issues and cases, including:

• Subpoenas for ESI on non-party devices – what can be searched? Wood v. Town

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This time last year, e-discovery future telling was in full swing. Looking back, how did some of the top predictions of 2011 pan out? Check out the success rate here. So, what’s coming in 2012?

The weather forecasting groundhog, Punxsutawney Phil, will not see his shadow on February 2 at Gobbler’s Knob – winter will not be extended!

Phil doesn’t do e-discovery forecasts, but there’s no shortage of well-known voices from the industry making their best guesses and sharing their predictions. Over the past few weeks, blogs, tweets and articles have been forecasting what’s to come. No doubt this buzz will continue at the upcoming LegalTech New York (LTNY).continue…

As e-discovery evolves and new legal technology emerges, practitioners need to invest in continued learning to maintain competence in the field and compliance with ethical standards. To help you stay current on case law, tools and rules impacting e-discovery and keep up with ethics standards, LegalTech New York (LTNY), is providing excellent educational tracks, including an opportunity to earn 5.5 units of ethics credit.

Ethics, generally, is a set of rules for “right conduct” or a system of moral principles. What determines the “rightness” or “wrongness” of certain actions (or inactions) and the motives for such actions? The answers to such questions are not absolute; rather, ethical behavior is oftencontinue…