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Key Issues in Electronic Discovery: AI Tools, Cloud Data, Personal Devices

Explores AI-assisted document review, cloud storage discovery challenges, and BYOD policies in modern e-discovery practice.

2025-05-29 13:00:00

Program Details

2025-05-29 13:00:00

Program Details

2025-05-29 13:00:00

Over 1,000+ webinars

2025-05-29 13:00:00

Course Overview

Mastering E-Discovery in Modern Digital Environments

2025-05-29 13:00:00

Participants will learn to leverage AI-powered review tools, navigate cloud storage discovery challenges, and address BYOD policy complications. These skills enable efficient, defensible, and cost-effective management of electronic discovery obligations.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
TAR Efficiency
TAR reduces document review time and costs by 50 to 70 percent.
02
Ethical Duties
Model Rule 1.1 requires lawyers to understand benefits and risks of relevant technology.
03
Cloud Control
Courts apply legal right or practical ability tests to determine control of cloud data.
04
ESI Protocols
Voluntary ESI protocols address preservation, collection, and review on the front end.
05
BYOD Discovery
Ninety percent of employees use personal devices for work purposes.
06
Proportionality
Burden versus benefit is the most scrutinized factor in ESI discovery disputes.

Program schedule

clock 1:00 pm - 1:40 pm EST

Leveraging AI and TAR in Modern Litigation

This session explores how artificial intelligence and Technology-Assisted Review help legal teams manage exponentially growing data volumes while reducing costs by 50-70 percent. Attendees will examine ethical duties under Model Rules 1.1 and 5.3, evaluate current software platforms, and analyze seminal case law including Da Silva Moore that established TAR as an accepted methodology.

Brian R. IversonBrian R. Iverson
Alex JacobsAlex Jacobs
Matthew J. SharbaughMatthew J. Sharbaugh
clock 1:40 pm - 2:00 pm EST

Cloud Storage E-Discovery Legal and Practical Foundations

This session addresses the fundamental shift from on-premise to cloud-based storage, with 98 percent of U.S. organizations now using cloud solutions and over 60 percent of corporate data stored off-site. Participants will explore cost savings, scalability benefits, and critical challenges including data sprawl, replication issues, and preservation complexities in cloud environments.

Brian R. IversonBrian R. Iverson
Alex JacobsAlex Jacobs
Matthew J. SharbaughMatthew J. Sharbaugh
clock 2:00 pm - 2:10 pm EST

Scheduled Break for Attendee Refreshment

A brief intermission allowing participants to refresh before continuing with the remaining cloud storage legal standards and BYOD policy discussions. Use this time to review materials and prepare questions for upcoming sessions.

Brian R. IversonBrian R. Iverson
Alex JacobsAlex Jacobs
Matthew J. SharbaughMatthew J. Sharbaugh
clock 2:10 pm - 2:30 pm EST

Legal Standards Governing Cloud-Based Data Discovery

This session examines Federal Rules of Civil Procedure requirements for ESI, focusing on Rule 26’s proportionality factors and the critical possession, custody, and control analysis under competing legal right versus practical ability tests. Attendees will learn strategies for ESI protocols, cost-shifting negotiations, and addressing emerging challenges like hyperlinked documents in collaboration platforms.

Brian R. IversonBrian R. Iverson
Alex JacobsAlex Jacobs
Matthew J. SharbaughMatthew J. Sharbaugh
clock 2:30 pm - 3:10 pm EST

Personal Device and BYOD Discovery Challenges

With 90 percent of employees using personal devices for work and 82 percent of companies maintaining BYOD policies, this session tackles the complex intersection of employer obligations and employee privacy. Participants will analyze Sedona Conference guidance, recent decisions like In re Pork Antitrust Litigation and Allergan v. Revance, and practical strategies for preservation, collection, and production from personal devices.

Brian R. IversonBrian R. Iverson
Alex JacobsAlex Jacobs
Matthew J. SharbaughMatthew J. Sharbaugh
Brian R. Iverson

Brian R. Iverson

Bass, Berry & Sims PLC

Alex Jacobs

Alex Jacobs

Berkeley Research Group LLC

Matthew J. Sharbaugh

Matthew J. Sharbaugh

U.S. District Court for the District of Columbia

Brian R. Iverson

Brian R. Iverson

Bass, Berry & Sims PLC

Brian R. Iverson counsels clients on high-stakes litigation in federal and state courts across the nation, with a practice primarily focused on complex business disputes including government contract, healthcare, intellectual property, and financial services litigation.

Education & Credentials

Juris Doctor, magna cum laude, from Pepperdine University School of Law; Bachelor of Business Administration, cum laude, from Belmont University

Recognition & Leadership

Articles published in The ACC Docket, The New York Law Journal, Today's General Counsel, Adweek, Chief Executive and others; authored Give Me A Break: Regulating Communications Between Attorneys and Their Witness Clients During Deposition Recesses, 36 Geo. J. Legal Ethics 497 (2023)

Professional Involvement

Mediator for the D.C. Superior Court Multi-Door Dispute Resolution Division; frequently speaks and writes on various legal topics

Experience

Represents clients in administrative and ADR proceedings; serves as a mediator for the D.C. Superior Court Multi-Door Dispute Resolution Division; recent reported decisions include Choice Hotels Int'l, Inc. v. C&O Developers, LLC, 199 N.E.3d 1 (Ohio Ct. App. 2022) and Safeguard Base Ops., LLC v. United States, 989 F.3d 1326 (Fed. Cir. 2021)
Alex Jacobs

Alex Jacobs

Berkeley Research Group LLC

Alex Jacobs has more than twenty-five years of experience in discovery, internal investigations, civil litigation, and responses to criminal, governmental, or regulatory subpoenas, with expertise in TAR and Generative AI tools to minimize costs in document review.

Education & Credentials

Economics studies at the University of Texas at Austin

Recognition & Leadership

Active thought leader and panelist at conferences and continuing legal education events

Professional Involvement

Immediate past president and founding member of the Dallas chapter of the Association of Certified E-Discovery Specialists (ACEDS); consults with clients on best practices for data governance and information management

Experience

Over 25 years of experience in eDiscovery; has worked within service providers, consulting firms, law firms, and industry startups; experienced and certified in multiple technology platforms; worked on high-profile matters in aerospace, oil and gas, financial services and banking, insurance, real estate, and transportation; well versed in EDRM and IGRM
Matthew J. Sharbaugh

Matthew J. Sharbaugh

U.S. District Court for the District of Columbia

Matthew J. Sharbaugh is a United States Magistrate Judge appointed in October 2024, with prior experience as a partner focused on employment litigation, appeals, and complex civil litigation.

Education & Credentials

Bachelor of Music, summa cum laude, from Berklee College of Music; J.D., summa cum laude, from Pepperdine University School of Law where he served as Managing Editor of the Pepperdine Law Review

Professional Involvement

Pro bono work during his time at Morgan, Lewis & Bockius LLP; adjunct professor at The George Washington University Law School

Experience

Previously a partner with Morgan, Lewis & Bockius LLP in Washington, DC focused on employment litigation and appeals; earlier career at Littler Mendelson, P.C. in Los Angeles; served twice as law clerk to Judge Robert L. Wilkins on the U.S. District Court for the District of Columbia and the U.S. Court of Appeals for the District of Columbia Circuit; taught legal research and writing as adjunct professor at The George Washington University Law School
Brian R. Iverson

Brian R. Iverson

Bass, Berry & Sims PLC

Brian R. Iverson counsels clients on high-stakes litigation in federal and state courts across the nation, with a practice primarily focused on complex business disputes including government contract, healthcare, intellectual property, and financial services litigation.

Education & Credentials

Juris Doctor, magna cum laude, from Pepperdine University School of Law; Bachelor of Business Administration, cum laude, from Belmont University

Recognition & Leadership

Articles published in The ACC Docket, The New York Law Journal, Today's General Counsel, Adweek, Chief Executive and others; authored Give Me A Break: Regulating Communications Between Attorneys and Their Witness Clients During Deposition Recesses, 36 Geo. J. Legal Ethics 497 (2023)

Professional Involvement

Mediator for the D.C. Superior Court Multi-Door Dispute Resolution Division; frequently speaks and writes on various legal topics

Experience

Represents clients in administrative and ADR proceedings; serves as a mediator for the D.C. Superior Court Multi-Door Dispute Resolution Division; recent reported decisions include Choice Hotels Int'l, Inc. v. C&O Developers, LLC, 199 N.E.3d 1 (Ohio Ct. App. 2022) and Safeguard Base Ops., LLC v. United States, 989 F.3d 1326 (Fed. Cir. 2021)
Alex Jacobs

Alex Jacobs

Berkeley Research Group LLC

Alex Jacobs has more than twenty-five years of experience in discovery, internal investigations, civil litigation, and responses to criminal, governmental, or regulatory subpoenas, with expertise in TAR and Generative AI tools to minimize costs in document review.

Education & Credentials

Economics studies at the University of Texas at Austin

Recognition & Leadership

Active thought leader and panelist at conferences and continuing legal education events

Professional Involvement

Immediate past president and founding member of the Dallas chapter of the Association of Certified E-Discovery Specialists (ACEDS); consults with clients on best practices for data governance and information management

Experience

Over 25 years of experience in eDiscovery; has worked within service providers, consulting firms, law firms, and industry startups; experienced and certified in multiple technology platforms; worked on high-profile matters in aerospace, oil and gas, financial services and banking, insurance, real estate, and transportation; well versed in EDRM and IGRM
Matthew J. Sharbaugh

Matthew J. Sharbaugh

U.S. District Court for the District of Columbia

Matthew J. Sharbaugh is a United States Magistrate Judge appointed in October 2024, with prior experience as a partner focused on employment litigation, appeals, and complex civil litigation.

Education & Credentials

Bachelor of Music, summa cum laude, from Berklee College of Music; J.D., summa cum laude, from Pepperdine University School of Law where he served as Managing Editor of the Pepperdine Law Review

Professional Involvement

Pro bono work during his time at Morgan, Lewis & Bockius LLP; adjunct professor at The George Washington University Law School

Experience

Previously a partner with Morgan, Lewis & Bockius LLP in Washington, DC focused on employment litigation and appeals; earlier career at Littler Mendelson, P.C. in Los Angeles; served twice as law clerk to Judge Robert L. Wilkins on the U.S. District Court for the District of Columbia and the U.S. Court of Appeals for the District of Columbia Circuit; taught legal research and writing as adjunct professor at The George Washington University Law School

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.4
NM2.0
NV2.0
NY2.0
OH2.0
OK2.0
OR2.0
PA2.0
RI2.0
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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Trusted by Legal Professionals

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Trusted by Legal Professionals

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Live stream programs

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70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Approved
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Approved
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Pending
Oklahoma
Pending
Oregon
Approved
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Pending
Texas
Pending
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Approved
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs