This course is an insightful analysis of e-discovery that goes beyond compliance to effective litigation strategies. Explore new sources of ESI, learn how FRCP rules have been implemented, and how the courts are interpreting the rules, so you can request, collect, produce and analyze electronic data properly to preserve its admissibility and avoid sanctions. Order today!

1. When is Litigation Foreseeable? Litigation Holds and Preservation Orders
2. The New E-Discovery Frontiers
3. Negotiating E-Discovery Protocols
4. Discovery of Personal Data off Work Laptops/Smartphones (Employer's Rights/Privacy)
5. Establishing Good Cause for Production of Inaccessible Data
6. Optimizing Keyword Searches
7. Proper Production Format
8. The Right to Inspect Databases
9. Legal Ethics
10. Cost Shifting and Taxation of E-Discovery Costs
11. Sanction Threats and Sanctions in E-Discovery
12. Spoliation Considerations and Admissibility Challenges

Continuing Education Credits:   

Continuing Legal Education

Credit Hrs    State    Credit Approval Expiration

* denotes specialty credits

Times shown in Eastern time

1. When is Litigation Foreseeable? Litigation Holds and Preservation Orders
   11:00 - 11:15, Jennifer E. Ampulski, Jeffrey A. Muszynski and Scott Wilson
2. The New E-Discovery Frontiers
   11:15 - 12:30, Jennifer E. Ampulski, Jeffrey A. Muszynski and Scott Wilson
1. Smartphone Discovery (recent case on spoliation on laptops and blackberries: Southeastern Mechanical Services, Inc. v. Brody, 2009 WL 2883057 (M.D. Fla. Aug. 31, 2009)
2. E-Discovery of Data Stored in the Cloud
3. E-Mail Discovery
4. Social Media Data Discovery
3. Negotiating E-Discovery Protocols
   12:45 - 1:00, Jennifer E. Ampulski, Jeffrey A. Muszynski and Scott Wilson
4. Discovery of Personal Data off Work Laptops/Smartphones (Employer's Rights/Privacy)
   1:00 - 1:15, Jennifer E. Ampulski, Jeffrey A. Muszynski and Scott Wilson
5. Establishing Good Cause for Production of Inaccessible Data
   1:15 - 2:30, Jennifer E. Ampulski, Jeffrey A. Muszynski and Scott Wilson
1. What is "Inaccessible" Data?
2. What is Good Cause for the Production of Inaccessible Data?
3. In What Format Does ESI have to be Produced?
4. Is Keyword Searching Sufficient?
5. When is Privilege Waived by Inadvertent Production?
6. Claw-Back Mechanism for Inadvertently Produced Privileged Information
6. Optimizing Keyword Searches
   3:00 - 3:15, Jennifer E. Ampulski, Jeffrey A. Muszynski and Scott Wilson
7. Proper Production Format
   3:15 - 3:45, Jennifer E. Ampulski, Jeffrey A. Muszynski and Scott Wilson
1. TIFF v. Native Format
2. PDF v. Native Format
3. Documents as "Ordinarily Maintained"
8. The Right to Inspect Databases
   4:00 - 4:05, Jennifer E. Ampulski, Jeffrey A. Muszynski and Scott Wilson
9. Legal Ethics
   4:05 - 5:05, Jennifer E. Ampulski, Jeffrey A. Muszynski and Scott Wilson
1. Rules of Professional Conduct Addressing Discovery Conduct
2. Abusive Motions Practice
3. Confidentiality Concerns
4. Application of the Work-Product Doctrine
10. Cost Shifting and Taxation of E-Discovery Costs
    5:05 - 5:10, Jennifer E. Ampulski, Jeffrey A. Muszynski and Scott Wilson
11. Sanction Threats and Sanctions in E-Discovery
    5:10 - 5:55, Jennifer E. Ampulski, Jeffrey A. Muszynski and Scott Wilson
1. When are Sanctions Appropriate?
2. Sanctions for Failing to Suspend E-mail Deletion (The Pension Committee)
3. Sanctions for Deleting E-mails (Green v. Blitz 2011 WL 806011 (E.P. Tex. Mar. 1, 2011) and MOSAID Techs., Inc. v. Samsung Electronics Co., 348 F. Supp. 2d 332 (D.N.J. 2010 ))
4. Sanctions for Not Producing E-mails (Qualcomm Inc. v. Broadcom Corp. 2010 W.L. (S.D.Cal. April 2, 2010))
12. Spoliation Considerations and Admissibility Challenges
    5:55 - 6:00, Jennifer E. Ampulski, Jeffrey A. Muszynski and Scott Wilson

JENNIFER E. AMPULSKI is a medical technology claim specialist in the technology business tort claim unit at Travelers Insurance. Her duties include management and resolution of bodily-injury and errors-and-omissions claims involving medical products, biotechnology or clinical trials. Ms. Ampulski provides counsel to internal business partners regarding litigation trends and legislative developments. She adds the legal viewpoint to strategic planning, new product development, training and marketing. Before joining Travelers Insurance, Ms. Ampulski was a partner at the Minneapolis law firm of Meagher & Geer, P.L.L.P. She spent 12 years as a trial lawyers handling complex civil litigation involving product liability, catastrophic loss, and commercial matters. Ms. Ampulski's clients include Fortune 50 pharmaceutical and industrial manufacturers and distributors. She is a graduate of the University of Michigan, where she earned her B.A. degree; and the University of Minnesota School of Law where, she earned her J.D. degree, cum laude. Ms. Ampulski clerked for the Honorable Bruce D. Willis Minnesota Court of Appeals before entering private practice. Outside of work, she is a frequent legal analyst on the Minnesota Public Radio.

JEFFREY A. MUSZYNSKI is an attorney in Minneapolis, Minnesota, where he focuses his practice on civil litigation, particularly in the areas of insurance defense, coverage, and general commercial litigation. As a former law clerk for Judge Jill Flaskamp Halbrooks on the Minnesota Court of Appeals, he also focuses on appellate cases. Mr. Muszynski was a member of the Rosalie Wahl Moot Court Team at William Mitchell College of Law. While attending law school, he also worked as a research assistant for Dean Eric Janus and Professor Raleigh Levine with an emphasis on defamation claims against media sources. Prior to attending law school, Mr. Muszynski was a high school teacher and educator in Boston, Massachusetts and Milwaukee, Wisconsin, where he taught writing and literature. He presented at the MDLA 44th and 45th Annual Mid-Winter Conferences in 2009 and 2010 on Practice Tips for Dealing with Expert Witnesses and Writing Tips from Judicial Clerks. Mr. Muszynski is admitted to practice in Minnesota and Wisconsin, and before the U.S. District Court District of Minnesota. He earned his B.S. degree, cum laude, from the University of Wisconsin at Whitewater and his J.D. degree, cum laude, from William Mitchell College of Law. Mr. Muszynski is a member of the American Bar Association, the Minnesota State Bar Association and the Hennepin County Bar Association, as well as being an elected member of the Minnesota State Bar Association Appellate Practice Counsel.

SCOTT WILSON is a sole practitioner in Shorewood, Minnesota. He has 29 years experience in civil litigation, including prosecution and defense of complex tort and insurance coverage claims. Mr. Wilson now practices primarily as an appellate advocate in tort, insurance coverage and commercial claims, most often on the plaintiff's side. He often collaborates with trial attorneys in the handling of complex motions bearing upon every part of the litigation process. Mr. Wilson earned his undergraduate degree from Duke University and his J.D. degree from Washington University School of Law.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com