E-Discovery in 2012: What Attorneys Need to Know (CA) (2012)

New rules, changing landscape, moving targets... navigate them before they overrun you...

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"My objectives were to gain a better understanding of eDiscovery from an attorney perspective and that was certainly achieved." Andrew Bayer, Esq.

"Excellent Overview." Michael Orfield, Esq.

"Excellingt high-level discussion; knowledgeable speakers..."

"Great presentation, knowledgeable panel."

"Good, new info on the state of e-discovery from the perspectives of in-house and outside counsel and vendors." Carla A. Ford, Esq.


Course Summary

Everyone is teaching E-Discovery these days.  But is everyone teaching it well?  

At Pincus Professional Education, we have the reputation of providing excellent skills-based seminars taught by top-notch practitioners, judges and court staff attorneys/law clerks.

Learn the latest about the skills you need to manage e-discovery projects whether you represent plaintiffs or defendants or oversee litigation for your company as in-house counsel.

Expand your technical and legal knowledge and gain insight into emerging e-discovery quagmires.

See below for our detailed agenda of this in-depth program!

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CA/WA/FL:  A CLE Self-Study/AV Certificate and handout materials are included in your downloaded zip file.  Please print your certificate for your records.

IL:  A CLE Affidavit of Self-Study and handout materials are included in your downloaded zip file.  You must complete the affidavit and return it to Pincus Professional Education to receive your CLE Certificate.

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E-Discovery in 2012: What Attorneys Need to Know (CA) (2012)

Click on the "Purchase Now" button to order "eDiscovery in 2012 (CA) (2012)." This is a live recording of our 2012 seminar in California. 

$415 plus applicable tax and $7.50 shipping  Free for Pincus Pass holders!

Instant Download Available for this Recorded CLE Seminar

Don't want to wait for a CD?  Many of our Home Study Recorded Programs are now available for instant downloading!  You now have the option to purchase CDs or instant download, so make sure you pick the one you want!  If you pick instant download be sure to create an account during the process so you can access your files.

Please make sure you  add registration@pincusproed.com to your address book/white list (or have your firm/agency IT staff clear it on their white list), so you get your order confirmation email.  If you do not receive this within 24 hours, check your spam filters or email us with an alternate email address  because it means our emails are not getting through to you.  We automatically send you this information within 24 hours of purchase.

CA/WA/FL:  A CLE Self-Study/AV Certificate and handout materials are included in your downloaded zip file.  Please print your certificate for your records.

IL:  A CLE Affidavit of Self-Study and handout materials are included in your downloaded zip file.  You must complete the affidavit and return it to Pincus Professional Education to receive your CLE Certificate. 


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Agenda

Morning Session 9:00 a.m.  – 12:15 p.m.

The Status of E-Discovery Law in 2012 [Browning Marean & Ed McIntyre]

  • Latest developments in case-law
    • Top ten cases from 2011
    • What judges have been looking for
    • Rising tide of sanctions for e-discovery failures
  • Current policies shaping the law
    • Proportionality
    • Cooperation
    • Spread of local rules seeking to harness e-discovery
  • Potential upcoming changes to watch out for
    • E-discovery implications of cloud computing and social media
    • Efforts to adopt a federal rule pertaining to preservation
    • New penalties for failure to adequately preserve evidence

Litigation: Early Case Assessment and Rule 26(f) in federal court [William Kammer]

  • Constructing a clear litigation framework at the outset
    • Scheduling issues and whether discovery will need to be expedited
  • Estimating e-discovery expenditures
    • Dissecting the type and quantity of the data
    • Geographical considerations and other variables
    • Anticipating vendor management issues and potential hidden costs
    • Making sure you will get the data you need from the other side
    • Being prepared at the Rule 26(f) conference
    • Setting the structure for the e-discovery process

Litigation: Modern Search and Review Techniques and Issues [Linda Sharp]

  • Utilizing techniques for intelligent review
    • Comparing available tools for searching documents and categorizing information
    • Embracing predictive coding
  • Fed Rule of Evidence 502 & inadvertent disclosures
    • Obtaining court orders containing clawback provisions

Afternoon Session 1:30 – 4:45 p.m.

Litigation: Managing the Large E-Discovery Project [Amor Esteban]

  • Determining the potential scope of the project
  • Soliciting proposals and evaluating/selecting service providers
  • Establishing effective communication systems
  • Implementing quality control
  • Documenting what has been done and gathering feedback
  • Preparing master agreements

Litigation and In-House Counsel: What In-House and Outside Counsel Need to Know to Work Together [Chris Garber/William Kammer/Linda Sharp]

  • Understanding the obligations of outside counsel
  • Recognizing budgetary constraints and pressures
  • Meeting the need for transparency
  • Determining who to involve in early case assessment
  • Re-evaluating processes
  • Being flexible with use of particular vendors
  • Minimizing the risk of sanctions

Ethical Issues in E-Discovery [Edward McIntyre]

  • Responsibility to conduct a "reasonable inquiry" to ascertain whether discovery requests, responses, or objections are complete, correct, and not for any improper purposes
  • Potential liability for conduct by outside vendors
    • Supervisory requirements when work is outsourced overseas
  • Duties relating to preservation
  • Examining recent claims of ethical breaches and malpractice

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MCLE Credit

Pincus Professional Education certifies that this seminar is approved for 6.0 hours of California MCLE credit, including 0.5 hour ethics credit.

Pincus Professional Education certifies that this seminar is approved for 6.0 hours of Illinois MCLE credit.

Upon request, we will assist attorneys in asking for CLE credit in other states.

 

 

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Instructors

Faculty:

Amor Esteban, Esq.

Shook Hardy Bacon LLP

Amor has 22 years experience in complex litigation with particular emphasis in electronic discovery and data management. Amor has collaborated with clients in the development of policies and guidelines concerning a wide spectrum of data usage including record retention, preservation, collection, processing, production and retrieval. He is a member of the American Bar Association, where he served as Co-Chair of the Product Liability Committee for the Section of Litigation, on the ABA's Task Force on Electronic Discovery and as liaison to the Sedona Conference’s Working Group 1 on Electronic Discovery.  He is an editor for the Sedona Conference Working Group 6 on International Electronic Information. He serves as an Advisory Board Member for the Bureau of National Affairs’ “Class Actions Reporter.” He graduated from the University of Detroit School of Law, J.D. 1984, cum laude, and from Michigan State University with a B.A. in 1981. 

 

Chris Garber
eDiscovery Manager
Allergan, Inc.

Chris received her Bachelor of Arts degree in Spanish from the Pepperdine University in Malibu, California. She received her paralegal certificate from the University of California, Irvine Extension in 1986. She currently works as eDiscovery Manager for Allergan, Inc., a fortune 500 pharmaceutical and specialty health care company located in Irvine, California. She has been employed with Allergan since February 1990.

Chris is a member of Allergan’s eDiscovery Team which includes Corporate Legal and Corporate IT. Chris is a member of the UCI Extension Paralegal Program Advisory Committee and is also a Past President of the Orange County Paralegal Association and a former board member of the California Alliance of Paralegal Associations.

Chris is an instructor of the Fundamentals of Electronic Discovery course at UCI Extension Paralegal Program. She also is a frequent guest lecturer to bar associations, eDiscovery conferences and other legal programs.

William N. Kammer, Esq.
Partner
Solomon Ward Seidenwurm & Smith, LLP

William N. Kammer is a partner in the San Diego office of Solomon Ward Seidenwurm & Smith, LLP.  Mr. Kammer's practice areas include Business Litigation; eDiscovery; Class Actions and Unfair Competition; and Land Use and Environmental Law.

Mr. Kammer has substantial trial experience before juries, judges and administrative tribunals, including a solid background in class actions and 17,200 cases.  He has considerable experience with expert witnesses in technical, electronic discovery, and economic areas and has defended communications companies in various trials.  He has represented various technology and telecommunications clients and has successfully protected clients in Unfair Practices Act cases.  Mr. Kammer has enjoyed positive results for clients in soil and water contamination trials and has managed the defense of manufacturers in personal injury and death cases alleging chemical exposures.

Mr. Kammer has been lead counsel for clients in significant cases under Proposition 65 and Superfund statutes and in substantial matters involving endangered species and marine mammals.  He is also experienced in alternative dispute resolution, including matters handled as a mediator or arbitrator.

Mr. Kammer received his J.D. from Tulane University School of Law.  He also attended Duke University, where he earned his Masters degree in Political Science, and Fordham University, where he earned his undergraduate degree in Political Science.
 

Browning E. Marean III, Esq.
Senior Counsel
DLA Piper

Browning Marean is a senior counsel in DLA Piper's San Diego office. He is a member of the litigation group and is co-chair of the Electronic Discovery Readiness and Response Group. Mr. Marean concentrates his practice in the areas of electronic discovery, professional responsibility and knowledge management. He is admitted to practice in California and Texas.

Mr. Marean joined DLA Piper (then Gray Cary Ames & Frye) in 1969. He serves on DLA Piper's Technology Committee and is an emeritus member of the California State Bar Law Practice Management Committee and the San Diego County Bar Association's Legal Ethics Committee. He is on the ABA Tech Show Planning Board and a member of the Sedona Conference.

Mr. Marean is an internationally known teacher and frequent lecturer on various topics including electronic discovery, international discovery, records retention, knowledge management and computer technology. He is co-author of the 2010 edition of Electronic Discovery and Records Management Guide, Rules, Checklists and Forms, published by Thomson West, and Conducting Discovery in an Electronic World: Electronic Data and Discovery, published by California Civil Discovery Practice. He has been named a San Diego Super Lawyer.

Mr. Marean received his law degree from the University of California, Hastings College of Law and his undergraduate degree from Stanford University

Edward McIntyre, Esq.

Solomon Ward Seidenwurm & Smith, LLP

Ed McIntyre is a litigation partner and General Counsel of Solomon Ward Seidenwurm & Smith, LLP.  His practice focuses on complex business litigation in federal and state courts and counseling for publicly held and privately owned companies with an emphasis on intellectual property, technology and securities litigation, trade practice law and representation of banking and financial institutions; the protection of intellectual property; in addition, a nationally recognized specialist in First Amendment, libel, slander, invasion of privacy and journalism law, representing corporations, private individuals, public figures, newspapers and television broadcasters.  Ed holds undergraduate and masters degrees from Fordham University and earned his law degree from Temple University in 1974.

Ed is a member of COPRAC and the San Diego County Bar Legal Ethics Committee.   From 1987-1989, Ed served as a lawyer delegate to the Ninth Circuit Judicial Conference.  In 1989, he lived in Geneva, Switzerland, while following the GATT negotiations then in progress and writing a monthly column, "Europe Today," for the San Diego Daily Transcript.  Upon returning to San Diego, Ed continued the column through 1992.

Linda Sharp, Esq.
Associate General Counsel
ZL Technologies Inc.

Linda has responsibility for corporate legal matters and related legal product initiatives.
 
Prior to joining ZL, Linda provided consulting services to Fortune 500 corporations and the nation’s largest law firms and specializes in evaluating and negotiating viable, cost-effective strategies for handling electronic discovery projects.  Linda is an expert in the e-discovery arena and speaks and writes regularly on the subject.
 
She has been a member of the legal community since 1978 and has worked on some of the most important litigation and regulatory investigations in the industry.  Linda is licensed to practice law in the State of California and holds a Masters in Business Administration.
 
 

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