With the federal rules in place and state courts rapidly adopting and interpreting the law locally, e-discovery is here to stay. With such a tremendous inflow of information, don't spend all your nights and weekends poring over case summaries, court dockets and regulations updates. This legal briefing addresses litigation attorneys' real-life challenges and strategies and offers a solid foundation for requesting, obtaining and interpreting ESI. Gain a fundamental understanding of e-discovery and its role in your practice, so you can comply with the rapidly evolving federal and state regulations and use ESI in more cases without sending the clients to the poor house. Order today!

1. What Is Electronic Discovery?
2. Legislative and Judicial Update
3. Obtaining Electronic Data
4. Producing Electronically Stored Information (ESI)
5. Ethical Considerations
6. Other Strategic Considerations

Continuing Education Credits:   

* denotes specialty credits

WHAT IS ELECTRONIC DISCOVERY?
9:00 - 9:50, Khristi Driver

• Defining the Concept of Electronic Discovery
• What Types of Data are Included in “Electronically Stored Information” (ESI)?
• How Does E-Discovery Differ From Traditional Methods of Discovery?
• The Value of Electronic Discovery/ESI in Litigation

LEGISLATIVE AND JUDICIAL UPDATE
9:50 - 10:50, Khristi Driver

• FRCP Rules on E-Discovery
• State-Specific Rules
• Guidelines for State Trial Courts
• Recent Relevant Federal and State Court Rulings

OBTAINING ELECTRONIC DATA
11:05 - 12:00, Gregory L. Fordham

• Identifying all Possible Sources and Custodians of ESI
• Preserving ESI
• Searching and Selecting Responsive and Relevant ESI
• Negotiating Discovery Protocols
• Chain of Custody and Traceability

PRODUCING ELECTRONICALLY STORED INFORMATION (ESI)
1:00 - 2:15, Gregory L. Fordham

• Production Format
• Processing ESI
• Privilege Issues
• Confidentiality and Protective Orders
• Cost Saving Considerations

ETHICAL CONSIDERATIONS
2:30 - 3:30, Kimberly T. Powell

• Issues Presented by the Rules of Professional Conduct
• Trade Secret Considerations in Commercial Litigation
• Abusing E-Discovery – Unreasonable Requests for Production
• Avoiding Conflicts of Interest

OTHER STRATEGIC CONSIDERATIONS
3:30 - 4:30, Kimberly T. Powell

• E-Discovery Depositions in a Nutshell
• Concepts of Cooperation
• Concepts of Proportionality - Sedona Principles of Proportionality
• Concepts of Admissibility
• Clawbacks Under Rule 502

KHRISTI DRIVER is a partner in the law firm of Haskell Slaughter Young & Rediker, LLC, where her practice is focused on civil trials and appeals. Ms. Driver has represented insurers and insured's in a wide variety of matters, including products liability, insurance coverage matters, property and casualty claims, fraud, bad faith and punitive damages claims, and employment discrimination cases. She also has extensive expertise in electronic data discovery and regularly advises clients on electronic data retention policies. Ms. Driver is a frequent speaker and author on electronic data discovery topics. She has been named by the Defense Research Institute (DRI) as Chair of Marketing for DRI's Electronic Discovery Committee. Ms. Driver was awarded full scholarships to both the University of Alabama and Cumberland School of Law. At law school, she was active in both trial advocacy competitions and as an Editor on the Cumberland Law Review . Ms. Driver is an active member of the Birmingham Bar Association, serving in a variety of key committee roles, including as an elected member of the Executive Committee, a member of the board of directors for the Women Lawyers' Section and as a member of the Entertainment Committee. In recognition of her professional achievements and community service, she was named to the Birmingham Business Journal's "Top 40 Under 40" for 2009, as well as receiving the 2006 Distinguished Service Award from the Women Lawyers Section of the Birmingham Bar Association. Most recently, Ms. Driver was named a 2011 Super Lawyers Rising Star in the area of Insurance Coverage.

GREGORY L. FORDHAM founded K & F Consulting, Inc. in 1991, and has since provided a variety of litigation support services in the fields of electronic discovery, computer forensics, and damages quantification. He has written extensively in those fields. Mr. Fordham's writings have appeared in publications like the Richmond Journal of Law and Technology , the American Bar Association's Procurement Lawyer , Martindale-Hubbell's Counsel to Counsel Labor and Employment Law Alert , and the Bureau of National Affair's Digital Discovery and e-Evidence and Federal Contracts Report . In addition, he has testified as an expert witness in various state and federal courts on subjects involving e-discovery, computer forensics and damages quantification Mr. Fordham earned his B.B.A. degree from Emory University in Atlanta, and is a certified public accountant, a certified internal auditor, a certified computer examiner and a Microsoft certified professional.

KIMBERLY T. POWELL is a partner in Balch & Bingham LLP's Birmingham office. She has a general business litigation practice with a focus on representing special committees of board of directors and disputes involving intellectual property, as well as nationwide litigation management experience. She also works with immigration matters and is the chair of the firm's Electronic Discovery Practice Group. Ms. Powell counsels clients and lawyers in navigating corporate document retention issues and developing and implementing strategies for managing electronic discovery. She received her B.A. degree, cum laude, from Wake Forest University and her J.D. degree from the University of Alabama School of Law. Ms. Powell is a member of the Alabama State Bar, Intellectual Property Law Section (Immediate Past President); Alabama State Bar Leadership Forum, Chair Programs (2009); Birmingham Bar Association; and the Alabama Law Institute Model State Trademark Bill Committee (passed by the Alabama legislature, effective January 1, 2011).

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

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