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1. It’s Been Two Years Since the Rules Amendments Came Onto the Scene… What’s Changed? What’s Ahead?
December 1, 2008 marks the second anniversary of the most significant changes to the Federal Rules of Civil Procedure that we’ve seen in recent years. Some say the changes related to electronically stored information (“ESI”) opened a can of worms for litigators, litigation support specialists and their clients. With ESI implicated in nearly every dispute at the state and federal level, understanding the changes to the rules, how courts have dealt with issues related to ESI and what’s ahead is imperative. Our experts will delve into how the adoption of the rules changes has impacted litigation for corporate counsel and those who advise them. They will also offer the prevailing thoughts on what’s on the horizon for the remainder of 2008 and beyond. Expect a discussion of the new FRE 502 and how it intersects with the 2006 FRCP amendments.
2. The View from the Front Lines: Words of Wisdom from the Folks Responsible for Electronic Discovery
More and more firms and companies today have designated one or more experts to be integrally involved in all matters related to electronic discovery. Our panel of experts hold this honor at their respective offices. Who best to give you the inside scoop on such matters as managing the expectations of the client and the law firm concerning electronic discovery, determining case support strategies and staffing, developing litigation support and discovery approaches and budgets, and interfacing with and managing technology vendors? You’ll leave this session with a clear idea of how the pieces of the puzzle fit together, and how each of the players contributes to a successful electronic discovery project.
3. A View from the Bench
For the third year, our panel of esteemed judges will offer their insights into the current state of electronic discovery. As always, bring your most pressing questions. The judges will give feedback on the changes the 2006 amendments have brought as well as the issues courts have been dealing with in the past year and a half. Look to them for insights into how the federal rules are being interpreted and applied and what, if anything lies ahead for Texas state courts.
4. Ethics and Electronic Discovery: Mistakes Made and Lessons Learned from the Trenches
Headlines about purported discovery breakdowns in the Qualcomm v. Broadcom matter had litigators and their clients nationwide waiting with bated breath. There are valuable lessons to be learned from these cases about the preservation and production of digital evidence. The experts can’t possibly cover every scenario, but expect a hearty discussion on such topics as failure to search and/or produce, options for asserting privilege claims after production, the use of “clawbacks” and “quick peeks,” and the impact of the new FRE 502.
5. Predicting (and Lowering) Electronic Discovery Costs
Now more than ever, corporations and those who advise them need to prepare for the staggering volume of electronically stored information documents in a way that fits in with the procedures already in place for paper-based collections. This is the only way to accurately predict costs when planning an electronic discovery budget. Our experts will discuss the steps needed to develop an effective ediscovery budget and will analyze the hard and soft costs associated with electronic discovery. Factors to be considered include options for managing costs of review through the use of temps, outsourcing review to a third party vendor or a combination of the two. They’ll discuss various metrics for sizing up the task as well as offer insights for monitoring the budget through the lifecycle of the case.
6. Litigation Preparedness Programs: Why You Need to Be Proactive – and How You Can Do It Successfully (Without Reinventing the Wheel!)
Until recently, most companies have only addressed what ESI they possess reactively – after being hit with a lawsuit. It is now clear that early assessment and advance planning is the key. In a jam packed session, the experts will cover the need for effective records retention policies, legal hold policies and procedures and document retrieval processes. Many companies are turning to outside vendors and consultants for assistance before the need for the discovery of ESI. By establishing preparedness practices now, your company – or those of your clients – will be able to respond to litigation systematically in the future. Having set procedures in place translates into fewer mistakes when it really counts…which translates into significant cost savings.
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