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eDiscovery in 2013: What You Need to Know
   LIVE Webcast  


Event Details:                                                                                                                                                          

As companies increasingly rely on discovery to manage their data, complex problems arise in data security from the threats of cyber-attack, social media, rogue employees and other external forces.

It’s time to consider changing your current strategy to minimize costs and to mitigate risks. Join this LIVE webcast to be in the know with respect to the very latest issues surrounding eDiscovery. In addition to laying out a most systematic eDiscovery and records management programs, the webcast faculty will also examine the most significant issues in the mix including:

Course Level: Intermediate
Prerequisite: None
Method Of Presentation: Group-Based-Internet
Developer: The Knowledge Group, LLC
Recommended CLE/CPE Hours: 1.75 - 2.0
Advance Preparation: Print and review course materials
Course Code: 114220
Recording Fee: $299 (Please click here for details)


Featured Speakers for eDiscovery in 2013: What You Need to Know LIVE Webcast:

Agenda  (click here to view more)

Tonya R. Deem, Partner,
Kilpatrick Townsend & Stockton LLP

• Identifying and Preserving ESI
  • • What is the Obligation?
    • – Identify, locate, and maintain evidence that:
      • • A party knows, or should know, is reasonably likely to be “relevant” to specific, predictable, and identifiable litigation
      • • May lead to the discovery of admissible evidence
      • • May be subject to a future discovery request
  • • When does the duty arise?
    • – Easy cases:
      • • When a complaint is served/filed
      • • When a government proceeding is initiated
      • • When a subpoena is received
    • – “Reasonable anticipation of litigation”
  • • What Evidence Must Be Preserved?
    • – Evidence that you reasonably believe to be relevant and discoverable
    • – Consider the nature of the issues in dispute, the accessibility of the information, the probative value of the information, and the relative burdens and cost of the preservation effort
  • • What is the Goal of Preservation?
    • – Mitigate risk
    • – Mitigate distractions
  • • The EDRM preservation flowchart
  • • Preservation Steps and Timeline:
    • • Engage the case team and the client
    • • Collectively develop a defined and intentional preservation strategy:
      • • Identify what type of information is likely to be relevant and discoverable
      • • Identify the potential data sources
      • • Determine reasonable accessibility
    • • Suspend Destruction
      • • Identify the client’s recycling programs/policies
      • • Evaluate what recycling needs to be suspended
    • • Prepare the Plan and Select the Preservation Method
      • • Several options and considerations
      • • Be aware of privilege issues
    • • Execute the Preservation Plan
      • • Litigation Hold notice—written vs. verbal?
      • • Effective hold notices:
        • • Clearly communicate the scope and need
        • • Are in an appropriate form for the audience
        • • Are specific
        • • Identify challenges to preservation
        • • Are reviewed and reissued
        • • Are monitored
        • • Are broadly disseminated
    • • Document:
        • • Who
        • • Why
        • • When
        • • What
        • • Compliance
    • • Monitor the Preservation
      • • Both in-house and outside counsel have an obligation to take reasonable steps to monitor compliance with discovery obligations:
      • • Identifying the sources of potentially relevant information
      • • Preserving the information
      • • Collecting the information for production
  • • Counsel must become fully familiar with his client’s retention policies and IT architecture
    • – Collaborate with IT
    • – Coordinate with key custodians
  • • Counsel must take reasonable steps to ensure that the client is in fact retaining potentially relevant evidence

A. David Fawal, Partner,
Butler, Snow, O'Mara, Stevens and Cannada, PLLC

ESI Preservation and Collection – Best Practices
  • • Federal requirements
  • • Managing Custodian Interview and Collection
  • • Recent examples of consequences for inadequate preservation

Caroline Walters, Attorney,
McKool Smith Hennigan

  • • Efficient collection of electronic evidence..
  • • Potential difficulties to the collection of electronic evidence arising from the Stored Communications Act.

Cass W. Christenson, Partner,
McKenna Long & Aldridge LLP

  • • Cooperation between counsel: new expectations and opportunities
  • • Demystifying proportionality and making it part of your e-discovery plan
  • • Incorporating cost-shifting principles into your e-discovery strategy

Patrick X. Fowler, Partner,
Snell & Wilmer LLP

  • • Competence (don’t conduct e-discovery if you have no idea what you are doing)
  • • Communications (Keeping the client reasonably informed about the status of the matter and its obligations)
  • • Diligence/expediting litigation (you need to act in a timely manner both in obtaining e-discovery and responding to e-discovery)
  • • Fairness to opposing party and counsel (do not obstruct access to or spoliate evidence; do not make frivolous requests/responses)
  • • Respecting the rights of others (avoiding overly broad, burdensome, harassing subpoenas or inappropriate collection methods of social media information)

Kilpatrick Townsend & Stockton LLP
Tonya R. Deem
speaker bio »»

Butler, Snow, O'Mara, Stevens and Cannada, PLLC
A. David Fawal
speaker bio »»

McKool Smith Hennigan
Caroline Walters
speaker bio »»

McKenna Long & Aldridge LLP
Cass W. Christenson
speaker bio »»

Snell & Wilmer LLP
Patrick X. Fowler
speaker bio »»

Who Should Attend?

- eDiscovery Attorneys
- General Counsel
- Private companies
- Public companies
- C-Level
- Legal Officers
- In-house Lawyers
- Senior Management
- Chief Information Officers
- Computer Forensic Specialists
- E-discovery Lawyers
- Privacy & Data Management Officers
- Records & Information Directors/Managers
- Litigation officers
- Litigation Support Specialists
- Compliance, Risk and IT Managers

Why Attend?

This is a must attend event for anyone interested in understanding the issues and learning the best practices in eDiscovery in 2013.

- Detailed guidance explained by the most qualified key leaders & experts
- Hear directly from experienced practitioners & thought leaders
- Interact directly with panel during Q&A

Enroll in this course by clicking the “Register” button below. Know this latest business trend! Click the “Register” button below to enroll in this course today. Enjoy our significant discount for early registrants.

Registration Information:                                                                                                                                    

Please note, the event date is firm although it may be subject to change. Please click here for details.
The Knowledge Group, LLC is producing this event for information purposes only. We do not intend to provide or offer business advice. The contents of this event are based upon the opinions of our speakers. The Knowledge Congress does not warrant their accuracy and completeness. The statements made by them are based on their independent opinions and does not necessarily reflect that of The Knowledge Congress' views. In no event shall The Knowledge Congress be liable to any person or business entity for any special, direct, indirect, punitive, incidental or consequential damages as a result of any information gathered from this webcast.

































eDiscovery in 2013: What You Need to Know
LIVE Webcast

Event Sponsors / Speaker Firms:

Kilpatrick Townsend attorneys are fully engaged in the success of the firm's clients. We deliver results-oriented counsel for corporations at all stages of the growth cycle, from the challenging demands of financial transactions and securities to the disciplines of intellectual property management. A close collaboration between the firm's practice areas ensures that we are well-positioned to serve all of our clients' needs.

A fervent focus on client service is the foundation of our success. From hiring multinational, cross-industry and cross-practice area talent to instilling a commitment to client service in our firm’s philosophy and goals, we are able to continue our success as an international business law firm.

We serve clients around the world from our offices in California, Colorado, District of Columbia, Georgia, New York, North Carolina, Washington, Dubai, Shanghai, Stockholm, Taipei and Tokyo. We value our relationships and are committed to learning and furthering our clients' business and legal goals.

We strive at every level to develop beneficial relationships built on trust and mutual respect. We partner with the senior executives and internal counsel of our corporate clients, integrating and sharing tasks as appropriate. We take pride in the fact that clients who hire us once typically hire us again. Our success is measured by the results we achieve on behalf of our clients, and we commit ourselves, without reservation, to the overriding objective of client satisfaction.

Butler, Snow, O’Mara, Stevens & Cannada, PLLC, is a full-service law firm with nearly 250 attorneys representing local, regional, national and international clients from 13 offices in the South and Northeast. Ranked as one of America’s Top 100 law firms in the BTI Power Rankings, Butler Snow is recognized as one of the nation’s top law firms for client service. The firm was also named by BTI on the Short List of Go-To Law Firms and also rated as a Hidden Gem. For more information, visit or follow Butler Snow on twitter @Butler_Snow.

With more than 180 trial lawyers working across offices in California, New York, Washington, DC, and Texas, McKool Smith Hennigan has established a reputation as one of America’s leading trial firms. The firm has won more National Law Journal and VerdictSearch “Top 100 Verdicts” over the last five years than any other law firm. In 2012, the firm was named intellectual property “Firm of the Year” by Benchmark Litigation, and previously was recognized as “IP Firm of the Year” by Law360. McKool Smith Hennigan represents clients across a broad range of practice areas, including complex commercial litigation, intellectual property, bankruptcy, and white collar defense matters.

McKenna Long & Aldridge LLP (MLA) is an international law firm with more than 575 attorneys and public policy advisors in 13 offices and 11 markets. The firm is uniquely positioned at the intersection of law, business and government, representing clients in the areas of complex litigation, corporate law, energy, environment, finance, government contracts, health care, infrastructure, insurance, intellectual property, private client services, public policy, real estate, and technology. To further explore the firm and its services, go to

Founded in 1938, Snell & Wilmer is a full-service business law firm with more than 400 attorneys practicing in nine locations throughout the western United States and in Mexico, including Phoenix and Tucson, Arizona; Los Angeles and Orange County, California; Denver, Colorado; Las Vegas and Reno, Nevada; Salt Lake City, Utah; and Los Cabos, Mexico.

As a large, full-service firm, Snell & Wilmer provides the competitive advantage of having the ability to call upon the diverse experience of our attorneys to address the particular and evolving legal issues of any engagement. A team of attorneys and support staff can be easily assembled for large scale projects or emergency situations. To maximize these advantages, Snell & Wilmer attorneys are organized into practice groups. This gives clients easy accessibility to the unique skills and knowledge of each attorney.

For almost 75 years, Snell & Wilmer has been dedicated to providing superior client service. As a result, we have earned a reputation for providing our clients with what they value - exceptional legal skills, quick response and practical solutions delivered with the highest level of professional integrity. Snell & Wilmer's attorneys and staff continue to be strongly committed to these objectives.


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