The Ethics of E-Discovery: Rules, Risks, and Real-World Cases

This session covers the foundational ethical obligations governing e-discovery, including Model Rules 1.1 (competence), 3.3 (truthfulness), and 3.4 (fairness to opposing parties). Participants will learn about the duty of technology competence and best practices for crafting effective ESI requests, including metadata considerations and production format specifications.

This session examines real-world cases demonstrating common e-discovery failures, including Covad Communications (outdated form requests), Fischer v. Forrest (improper general objections), and Liguria Foods (obstructionist discovery practices). Participants will understand how courts respond to boilerplate objections and why modernizing discovery request forms is essential.

This session provides an in-depth analysis of sanction cases including Pension Committee, Qualcomm v. Broadcom, and Louis Vuitton, highlighting consequences of discovery misconduct. Key lessons include verifying client compliance, documenting discovery efforts, establishing clear processes, and understanding when both parties and attorneys can face sanctions.

This session addresses the unique challenges of discovering social media content, including collection methods ranging from screenshots to specialized forensic software. Participants will learn about discoverability rules, limitations under the Stored Communications Act, and case law involving deleted or altered social media evidence.