Responding to Requests for Electronically Stored Information and Documents Under the Latest Amendments to Rules 26 and 34 - Audra Eidem Heinze
Attorneys can expect to receive a general overview of the latest developments in responding to requests for ESI and documents under Rules 26 and 34 of the Federal Rules of Civil Procedure. Although the latest amendments to Rules 26 and 34 are over five years old, recent court decisions show that many practitioners still are not aware of and/or do not comply with those changes. This presentation will discuss the amendments and proposed solutions to several discovery problems such as overbroad requests and withholding descriptions. We will also discuss how courts are handling objections and responses that do not comply with the amended Rules.
The 2015 amendments to the Federal Rules of Civil Procedure and their purpose
Drafting objections “with specificity” and the appropriateness of “general objections”
Identifying what is being produced vs. what is being withheld
Identifying the format for production of ESI and a time for production
The impact of ESI agreements on responses and objections
Collecting & Authenticating Computer, Email, Internet, and Social Media Evidence - Daniel Schiavetta
Dan Schiavetta, a practicing attorney for almost 30 years and a managing partner for 7, has throughout his career mediated between partners, associates, paralegals and IT professionals. Here he takes you through a journey of the “Internet of Things” and illustrates workable ways to obtain and use electronically stored information in civil litigation.
Staying focused while swimming through the “Internet of Things”
Pursuing computers, cloud storage, social media platforms and legacy storage for useful evidence
Problems of preservation and authentication
Retrieving Evidence From “Smart” Devices: Smartphones, Smartwatches and More - Daniel Garrie
This presentation provides an in-depth legal guide to preserve, collect, and admit electronic evidence effectively, while also maintaining ethical obligations as outlined in the Federal Rules of Civil Procedure. The amount of electronic evidence has only grown in recent years, with the proliferation of mobile devices used both personally and professionally. The evidence needed to support your case can be found in many places, from traditional social media and smartphones to fitness trackers and other cutting-edge sources of data.
Best Practices for Preserving and Retrieving Deleted Data
Introduction to Metadata
Smart Phone and Mobile Device Evidence – What to Look for and Where to Find It
How to Subpoena Phone, Social Media and Other Records (w/ samples) - Kirk Stange
Attorneys can expect to receive a general overview about how and when to subpoena phone, social media, and other records. The presentation will cover essential rules, objections, statutes, and case law on this topic. The presentation will also talk about what is discoverable and what is not, and the proper procedures to follow, including what a lawyer might expect to receive in response to a subpoena. We will also delve into sample scenarios and utilize case law to show how lawyers often handle subpoenas for this information. Finally, this presentation will talk about how a lawyer can sometimes obtain the same evidence more expeditiously and cost-effectively without using a subpoena.
Overview on how and when to subpoena phone, social media, and other records
Essential rules, objections, statutes, and case law
What is discoverable and what is not, the proper procedures to follow
How a lawyer can obtain the same evidence without using a subpoena
Ethical Obligations in Electronic Discovery – Tyler Trew
Attorneys can expect to receive a general overview regarding what ethical obligations they should be cognizant of when undertaking electronic discovery. The presentation will span from the underlying duty of competence under ABA Model Rule 1.1 as relates to electronic discovery to ethical issues to consider in connection with preservation/collection, scope, and production of electronic discovery. We will also delve into the more recently emerging field of Technology Assisted Review (“TAR”) and potential ethical obligations that arise in connection with the use of TAR.
Duty of Competence under ABA Model Rule 1.1 as relates to electronic discovery
Ethical issues to consider in connection with preservation/collection, scope, and production of electronic discovery
Confidentiality concerns related to electronic discovery
Ethical obligations in Technology Assisted Review
Date: February 24, 2021
Closed-captioning available upon request
Audra Eidem Heinze | Banner Witcoff
Audra applies a strategic and creative approach to helping clients achieve their business goals. She understands and navigates complex legal issues relating to utility and design patents, trade dress, trademarks, and copyrights. She has counseled industry-leading clients on procuring protectable IP rights and enforcing those rights.
Audra has also represented clients in dozens of IP cases in federal courts across the country and before the International Trade Commission, Patent Trial and Appeal Board, and Trademark Trial and Appeal Board. She has also assisted clients in cases before the U.S. Supreme Court and U.S Courts of Appeals. Illinois Super Lawyers named Audra a “Rising Star” in Intellectual Property Litigation. She was also a member of the litigation team for a case named “Impact Case of the Year” by Managing Intellectual Property.
Audra served as in-house counsel for a Fortune 100 company where she helped manage a global trademark portfolio. She is also a contributing author to the Patent Litigation Strategies Handbook published by Bloomberg BNA.
Before joining Banner Witcoff, Audra researched gene mutations at the University of Texas Southwestern Medical Center’s Biomedical Research Facility. She also worked as a Field Claims Specialist Intern for Monsanto Corporation.
Audra earned her B.S. in Biochemistry from the University of Missouri, graduating with Honors. She earned her J.D. from Texas Wesleyan University School of Law (now Texas A&M University School of Law), graduating summa cum laude.
Daniel Schiavetta, Jr. | Russo & Gould LLP
Dan Schiavetta, Jr. (currently of Counsel to Russo & Gould, LLP, New York, N.Y.) spent twenty years defending Catholic institutions in sexual abuse lawsuits. He is admitted in New York, New Jersey, and all related federal courts. He has also given a number of live presentations and webinars on insurance coverage, electronically stored information in litigation, and defense of nursing homes; and is on the CPLR Committee of the New York State Bar Association.
Daniel Garrie, Esq. | Law & Forensics LLC
Daniel Garrie, Esq. is the Co-Founder of Law & Forensics LLC, where he heads the Computer Forensics and Cybersecurity teams. Daniel has been a dominant voice in the computer forensic and cybersecurity space for the past 20 years, as an attorney and technologist. Prior to Law & Forensics, he successfully built and sold several technology start-ups companies. Since co-founding Law & Forensics LLC in 2008, Daniel has built it into one of the leading boutique cybersecurity forensic engineering firms in the industry. In addition to his role at Law & Forensics, Daniel is a mediator, arbitrator, and e-discovery special master for JAMS and is a partner and head of the Cybersecurity at Zeichner, Ellman & Krause LLP. Daniel has both a Bachelor’s and a Master’s degree in computer science from Brandeis University, as well as a J.D. from Rutgers Law School.
Daniel has led cyber and forensic teams in some of the most visible and sensitive cyber incidents in the United States. He and his team have worked for two of the top five banks in the globe, and dozens of the largest private and public companies in the world. Daniel and his team have been involved in thousands of investigations and disputes all over the globe. In addition, Daniel has been awarded several patents for advanced cybersecurity and forensic platform he built with his team that is currently used in the industry, Forensic Scan.
Daniel is also well-published in the cybersecurity space and has authored more than 200 articles and books. His work is cited by Black’s Law Dictionary 10th Ed. In defining the terms “software”, “internet”, and “algorithm.” Additionally, he has been recognized by several United States Supreme Court Justices for his legal scholarship and is a trusted source and thought leader for cybersecurity articles and opinions, being cited over 500 times to date.
Daniel also enjoys teaching and is currently an Adjunct Professor of Law at Rutgers University in Cyber Security and Cyber Warfare and an Adjunct Professor at the Global Cyber Institute, UCLA Extension School, where he serves as a Co-Founder. He has lectured all over the globe to thousands of individuals on various technology related topics, at institutions that include: Harvard Law School, University of California Los Angeles, Columbia University, Cardozo Law School, Brandeis University, and dozens of federal and state agencies.
Kirk Stange | Stange Law Firm, PC
Kirk Stange is a Founding Partner of Stange Law Firm, PC. Stange Law Firm, PC is a family law firm with offices in Missouri, Illinois, Kansas, and Oklahoma. Mr. Stange is licensed in Missouri, Illinois, Kansas, and the United States District Court for the Eastern District of Missouri. Mr. Stange received his Juris Doctorate from the University of Missouri-Columbia. Missouri and Kansas Super Lawyers Magazine selected Mr. Stange to the list of Super Lawyers for Family Law from 2015 to Present. Previously, Missouri and Kansas Super Lawyers Magazine selected Mr. Stange to the list of Rising Stars for Family Law in 2013 and 2014. Mr. Stange is an adjunct professor at Emory University School of Law. Mr. Stange is President of the Missouri Collaborative Institute. Mr. Stange is a frequent speaker at continuing legal education seminars. In 2014, Mr. Stange presented at the 8th Circuit Judicial Conference in Omaha, Nebraska on social media evidence for lawyers and judges. Mr. Stange authored a chapter in a book through Thomson Reuters (Aspatore Publishing) titled: “Strategies for Military Family Law: Leading Lawyers on Navigating Family Law in the Armed Forces (Inside the Minds).” Mr. Stange released a full-length book through Thomson Reuters (Aspatore Publishing) in 2014 titled: “Prenuptial Agreements Line by Line.” In 2015, Mr. Stange authored another chapter in a book through Thomson Reuters (Aspatore Published) titled: “Strategies for Illinois Family Law: Leading Lawyers on Leveraging Alternative Dispute Resolution, Negotiating Alimony and Child Support, and Managing Client Expectations (Inside the Minds).” In 2019, Kirk was asked to co-author two chapters in the 2019 Cumulative Supplement to Chapter 13 “Adult Protection Orders and Child Protecting Order” and the 2019 Cumulative Supplement to Chapter 29 “Rights of the Unwed,” in Missouri Law (7th ed.) published by the Missouri Bar. This desk book, which is used by attorneys around the state, gives information to family law attorneys on the latest developments in family law.
Tyler Trew | Liskow & Lewis
Tyler is a litigator whose practice includes a wide variety of both commercial and energy litigation, including the prosecution and defense of contractual disputes, construction contract litigation, professional liability litigation, Education Law, e-discovery, tax disputes, and representation of oil companies in the defense of claims made by landowners regarding property contamination. Most recently Tyler represented a client in a $34 million construction dispute related to the third largest offshore jacket to operate in the Gulf of Mexico, and he managed the e-discovery database which included over 500,000 documents and 1.5 TB of data. Tyler regularly shares advice and information on e-discovery and ethical obligations related to e-discovery. As e-discovery becomes more prevalent, clients can rely on Tyler to advise on the risks and benefits in connection with its use. Tyler’s courtroom experience flourishes from his clerkship opportunities. While attending law school, he was a judicial extern to the Honorable Ralph Tyson, late Chief Judge of the United States Court for the Middle District of Louisiana.
Prior to joining the firm, he served as a law clerk to the Honorable Catherine D. Kimball, former Chief Justice of the Louisiana Supreme Court.
Responding to Requests for Electronically Stored Information and Documents Under the Latest Amendments to Rules 26 and 34 | 12pm – 1pm
I. The 2015 amendments to the Federal Rules of Civil Procedure and their purpose
II. Drafting objections “with specificity” and the appropriateness of “general objections”
III. Identifying what is being produced vs. what is being withheld
IV. Identifying the format for production of ESI and a time for production
V. The impact of ESI agreements on responses and objections
Collecting & Authenticating Computer, Email, Internet, and Social Media Evidence | 1:10pm – 2:10pm
I. Staying focused while swimming through the “Internet of Things”
II. Pursuing computers, cloud storage, social media platforms and legacy storage for useful evidence
III. Problems of preservation and authentication
Retrieving Evidence From “Smart” Devices: Smartphones, Smartwatches and More | 2:20pm – 3:20pm
I. Best Practices for Preserving and Retrieving Deleted Data
II. Introduction to Metadata
III. Smart Phone and Mobile Device Evidence – What to Look for and Where to Find It
How to Subpoena Phone, Social Media and Other Records (w/ samples) | 3:30pm – 4:30pm
I. Overview on how and when to subpoena phone, social media, and other records
II. Essential rules, objections, statutes, and case law
III. What is discoverable and what is not, the proper procedures to follow
IV. How a lawyer can obtain the same evidence without using a subpoena
Ethical Obligations in Electronic Discovery | 4:40pm – 5:40pm
I. Duty of Competence under ABA Model Rule 1.1 as relates to electronic discovery
II. Ethical issues to consider in connection with preservation/collection, scope, and production of electronic discovery
III. Confidentiality concerns related to electronic discovery
IV. Ethical obligations in Technology Assisted Review