Electronic Discovery

Instructor: Bradley C. Nahrstadt

Somewhere between 93 and 97 percent of all information is now created electronically. Over the past several years, the federal courts have responded by requiring parties to investigate and produce electronically stored information (ESI). This comprehensive 1.5-hour program covers the definition of ESI, how to find and preserve ESI, litigation hold recommendations regarding ESI, and the practical application and necessity of ‘clawback’ agreements with respect to ESI discovery. This program also discusses what to do when opposing counsel is uncooperative with respect to the production of ESI; the sanctions for spoliation of electronic evidence; how to get the client, counsel and IT department involved in e-discovery; and the recent emphasis on the issues of e-discovery proportionality and cost-shifting. In addition, it provides a primer on the critical cases and federal statutes with respect to e-discovery, including Federal Rules of Civil Procedure 16, 26, 34 and 37 and the Zubulake opinions.

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