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  • 2018 eDiscovery Case Law Review
    2018 eDiscovery Case Law Review
    Judge Thomas I Vanaskie, U.S. Third Circuit Court of Appeals, Vincent Catanzaro, Morgan Lewis, and Michael Simon Recorded: Nov 28 2018 64 mins
    In modern legal practice, the difference between failure and success can often turn on data. Yet after nearly two decades of eDiscovery case law and two related sets of revisions to the Federal Code of Civil Procedure, the bench and bar still grapple with how best to handle data in litigation, as the most important cases of the past year show.

    From discovery processes gone wrong and new sources of sanctions, from anonymous messaging platforms to claims of discovery malpractice, the past year’s cases are a reminder that discovery remains as critical, and sometimes as risky, as ever.

    Join Judge Thomas I. Vanaskie of the U.S. Court of Appeals for the Third Circuit and a panel of attorney experts for an upcoming webinar surveying these cases and more.

    Feature Presenter:
    Judge Vanaskie was appointed to the Third Circuit Court in 2010, having served at the federal district court level in Scranton for 16 years prior. Over the course of his two decades on the bench, technology has dramatically reshaped how litigation is waged and disputes resolved. But Vanaskie has spearheaded efforts to keep the justice system up to speed. In 2005, he was selected by Chief Justice William Rehnquist to head the Information Technology Committee of the U.S. Judicial Conference, the policy making body for federal courts, a role he served until 2008. Judge Vanaskie may be best known in legal technology circles for authoring what is perhaps the most influential decision on the recovery of electronic discovery costs, Race Tires America.
  • Cybersecurity and Your Ethical Duties
    Cybersecurity and Your Ethical Duties
    Eli Wald and Casey Sullivan Recorded: Oct 25 2018 64 mins
    In the eyes of cybercriminals, legal professionals are an easy—and lucrative—target. Law firms are often a one-stop shop for incredibly sensitive information and you might not be doing enough to protect the data in your possession.

    So if a breach occurs, what potential ethics violations may result? Join us for an upcoming webinar as we delve into this question.

    Watch to learn:
    + How not to get hacked and how to respond when you do
    + Where professional responsibility and cybersecurity intersect
    + What steps attorneys must take to protect client data
    + How the "reasonableness" of cybersecurity protections is determined
    And more!

    Featuring Eli Wald, Professor, Sturm College of Law

    A professor of legal ethics at the University of Denver’s Sturm College of Law, Eli was one of the first academics to investigate the ethical implications of law firm cybersecurity, or, as he terms it, “legal ethics’ next frontier.”

    A frequent author and speaker on ethics and professional responsibility, his work has appeared in leading journals such as the Fordham, Stanford, University of Colorado and Wisconsin law reviews, and the Georgetown Journal of Legal Ethics. Eli’s articles have also been cited in ABA ethics opinions and excerpted in legal ethics casebooks.
  • The Lawyer's Guide to Slack Discovery
    The Lawyer's Guide to Slack Discovery
    Michael Simon, David Slarskey, and others Recorded: Oct 16 2018 63 mins
    Slack, the massively popular file sharing and messaging platform, is changing communications and discovery as we know them. That's because Slack, and similar tools, are fastly supplementing, if not replacing, email and discrete documents. Yet legal teams are used to documents, not chat rooms.

    Join this webinar for a dive into how Slack is changing communications and discovery--and how you can take advantage of this new source of data.

    Register now to learn:
    - How Slack is changing discovery and investigations
    - Why Slack could hold key data for your case
    - The unique challenges Slack data poses
    - How creative legal teams are leveraging Slack data during the discovery process
    - Best practices for dealing with Slack data and overcoming objections, from those who’ve done it
  • eDiscovery Dirty Tricks (And How to Defeat Them)
    eDiscovery Dirty Tricks (And How to Defeat Them)
    Michael Simon, Brian Wolfinger, Moneet Kohli, & Rebecca Rakoski Recorded: Sep 18 2018 64 mins
    Join a panel of experts as they identify some of the most common underhanded eDiscovery tricks and teach you what you can do to defeat them.

    Document dumps, questionable denials of custody and control, meritless objections—when it comes to eDiscovery, your opposing counsel may have a few dirty tricks up his sleeve.

    Attend the webinar and learn to how to counter common situations such as:
    - When a party produces everything plus the kitchen sink
    - When counsel wields proportionality as both a shield and a sword
    - When attorneys play games with privilege claims
    - And many more!

    Featured Presenters:

    Brian Wolfinger: Chief Technology Officer at Everest Technologies, Brian Wolfinger has decades of experience in the worlds of digital forensics and electronic discovery, as founder of Wolfinger Forensics, former CISO and VP of Technology at LDiscovery, and Manager of the Emergency Response Services at ISS.

    Rebecca Rakoski: Rebecca Rakoski is the co-founder and managing partner at XPAN Law Group, a boutique law firm focusing exclusively on cybersecurity and data privacy. She is an expert on the intersection of technology and legal obligations and liabilities and has extensive experience in cybersecurity standards and guidelines.

    Moneet Kohli: An attorney and seasoned eDiscovery expert, Moneet Kohli helps legal professionals implement, manage, and simplify eDiscovery, as Senior Customer Success Manager at Logikcull. In the past, Moneet managed eDiscovery projects at multiple AmLaw 100 firms and corporations throughout the United States. She also serves as San Francisco's Chapter Director of Women in eDiscovery.

    Michael Simon: Michael Simon is an attorney and consultant with over 15 years of experience in the eDiscovery industry, during which he’s seen more than his fair share of dirty tricks. Principal at Seventh Samurai and adjunct professor of law, he regularly writes and presents on pressing eDiscovery issues throughout the country.
  • New Horizons in Data and Litigation
    New Horizons in Data and Litigation
    Christopher J. Adams, Martha K. Louks, and Michael Simon Recorded: Aug 28 2018 62 mins
    The amount of data available to legal professionals is expanding at a mind-boggling pace. Over 2.5 exabytes, or 75 trillion pages’ worth, of data is generated every day. And much of it isn’t the email inboxes and Office documents attorneys are used to dealing with.

    From chat messages, to IoT data, to ephemeral communications, tomorrow’s case-dispositive data can take nearly any shape.

    Join us for this webinar as we explore the ways novel data sources are reshaping the future of discovery and litigation. Topics to be covered include:

    -- Mobile data: Does BYOD, BYOA and BOYC all add up to Bring Your Own Nightmare?
    -- Redefining TL;DR with ephemeral messaging
    -- Welcome to your quantified life. BTW, it’s all discoverable
    -- The IoT isn’t SciFi. It’s here now and it’s also all discoverable

    It’s an educational, action- and acronym-packed hour you don’t want to miss.
  • Anatomy of a Hack: Learning From Successful Law Firm Cyberattacks
    Anatomy of a Hack: Learning From Successful Law Firm Cyberattacks
    Jake Bernstein, Eli Wald, Kip Boyle Recorded: Jul 18 2018 61 mins
    Law firms are increasingly a high-value target for hackers, a “one stop shop” for sensitive data. And as dozen of examples show, the hackers are often successful. How do these cybercriminals infiltrate law firms and what can be done to prevent them?

    Join our panel of experts as they dissect the anatomy of a successful law firm cyberattack and explain how you can protect yourself, and your clients, from a similar fate.

    Attend this webinar to learn:
    -Why hackers are increasingly targeting legal professionals
    -What vulnerabilities make law firms easy prey for hackers
    -The ethical implications of law firm cybersecurity
    -How to protect yourself, your clients, and your data

    Featuring:
    - Jake Bernstein: An attorney with Newman Du Wors, Jake Bernstein’s practice focuses on counseling clients on cybersecurity issues. A former Washington State Assistant Attorney General and a frequent speaker and advisor on cybersecurity legal issues, Bernstein has significant experience with regulatory compliance, privacy, and cybersecurity law.

    - Eli Wald: A professor of legal ethics at the University of Denver’s Sturm College of Law, Eli Wald was one of the first academics to investigate the ethical implications of law firm cybersecurity. A frequent author and speaker on ethics and professional responsibility, his work has been cited in ABA ethics opinions and excerpted in legal ethics casebooks.

    - Kip Boyle: A 20-year information security expert and founder of Cyber Risk Opportunities, Kip Boyle advises global companies in the logistics, technology and financial services industries. He is a nationally recognized analyst, lecturer and thought-leader in cyber risks and has been featured in Entrepreneur magazine, Chief Executive magazine and others.
  • React, Redact, Respond: Using Modern Tech to Tame FOIA and Public Records
    React, Redact, Respond: Using Modern Tech to Tame FOIA and Public Records
    David Billetdeaux, In-House Counsel, Port of Benton Recorded: Jun 26 2018 57 mins
    Government organizations have struggled in recent years to promptly respond to open records requests amid a surge in volume and general explosion in information. Now consider the increased public interest in government affairs created by the current political regime -- and the fact that it's an election year. What can forward-thinking but resource-strapped agencies do to keep pace with the avalanche of public records? Join David Billetdeaux, in-house counsel at the Port of Benton, for best practices around how to improve response throughput on a budget. This program is a must-attend for government attorneys, records officers, paralegals, and others tasked with navigating records response.
  • Judge Peck and the Adventure of the Missing 502(d) Order
    Judge Peck and the Adventure of the Missing 502(d) Order
    Judge Andrew J. Peck, Michael Simon Recorded: Jun 26 2018 59 mins
    It may be the greatest unsolved mystery in the legal practice: the case of the missing 502(d) order. These orders can act as a strong shield against the waiver of privilege or protection when information is inadvertently produced during litigation—providing much more protection than a clawback agreement alone.

    Yet observe the typical courtroom today and such orders will almost never be found. Why?

    Join Judge Andrew J. Peck as he discusses the potential benefits of 502(d) orders, why and how to use them, and why so many lawyers are failing to fully protect client information during litigation.

    About Judge Peck:

    Judge Andrew J. Peck has been a leading name in eDiscovery since 1995, when he was first appointed Magistrate Judge for the Southern District of New York. Just a few months after taking the bench, shortly after O.J. Simpson’s trial concluded and Windows 95 was released, Judge Peck issued a key eDiscovery opinion, ruling that companies must make electronic versions of their computerized data available during discovery.

    In the years that followed, Judge Peck penned several widely influential opinions, from the first opinion approving the use of predictive coding in Da Silva Moore v. Publicis Groupe to a recent warning to the bar over boilerplate discovery objections in Fischer v. Forrest. Judge Peck retired from the bench in March and now serves as senior counsel at DLA Piper.
  • 2018 Mid-Year Case Law Review
    2018 Mid-Year Case Law Review
    Judge James C. Francis IV (Ret.), Gareth T. Evans, and Michael Simon Recorded: Jun 6 2018 64 mins
    We’re in the midst of a golden age of evidence, with rapid data growth, from electronic documents to emails to social media, creating an ever-expanding universe of information potentially relevant to litigation.

    Yet legal practitioners and courts are still grappling with the consequences of this massive growth in digital evidence. How can parties ensure that the time and expense dedicated to discovery is proportional to the needs of the case? How should judges deal with practitioners who fail to adapt their past discovery strategies to new federal rules? When and how should courts sanction practitioners whose failure or refusal to handle digital evidence properly impedes the administration of justice?

    Join a panel of experts, including celebrated U.S. Magistrate Judge James C. Francis IV (Ret.), as we examine these questions through a survey of the most important cases of 2018 so far.

    Presenters
    Hon. James C. Francis IV
    U.S. Magistrate Judge James C. Francis IV (Ret.) served in the Southern District of New York from 1985 to 2017 and as Chief Magistrate Judge from 1998 to 2000. With over more than 30 years on the bench, Judge Francis has seen discovery evolve from associates sifting through stacks of paper to sophisticated systems culling vast amounts of data. A widely recognized expert on eDiscovery, he has helped shape that evolution along the way.

    Gareth T. Evans
    Gareth Evans is a litigation partner at Gibson, Dunn & Crutcher LLP, with 25 years of experience at the firm, where he is one of the founders and co-chairs of Gibson Dunn’s Electronic Discovery Practice Group and is one of the lead authors and editors of Gibson Dunn’s highly acclaimed eDiscovery Year-End and Mid-Year Reports.

    Michael Simon
    Michael Simon is an attorney and consultant with over 15 years of experience in the eDiscovery industry. A self-described “nerd turned lawyer turned nerd,” he is Principal at Seventh Samurai and a frequent author and speaker on pressing eDiscovery issues.
  • Are You Missing Critical Evidence? eDiscovery Search Accuracy with Craig Ball
    Are You Missing Critical Evidence? eDiscovery Search Accuracy with Craig Ball
    Craig Ball Recorded: May 8 2018 64 mins
    When it comes to eDiscovery, how can you ensure that you're finding what you're looking for? It starts with search accuracy.

    If your search is faulty, then your entire case could be at risk. Indeed, unreliable searches could hurt your entire career, exposing you to potential sanctions, spoliation, and shame.

    In discovery, guaranteeing accurate, reliable searches should be a top priority. But often, legal professionals don’t realize what they’re missing, or how their approach to discovery, from their eDiscovery software to query construction, can impact the evidence available to them.

    Join us for this must-see webinar on search accuracy featuring Craig Ball, a trial lawyer, computer forensic examiner, law professor and noted authority on electronic evidence.

    Attendees will learn about:
    - How your discovery platform can dramatically impact your search accuracy
    - The importance of configuration, processing settings, query language and syntax
    - How to make sure the other side isn’t failing to produce important documents
    - Tips and tricks for improving your searches


    About Craig:
    Craig Ball is a noted authority on electronic evidence. He limits his practice to serving as a court-appointed special master and consultant in computer forensics and electronic discovery and has served as the Special Master or testifying expert in computer forensics and electronic discovery in some of the most challenging and celebrated cases in the U.S. He is a founder of the Georgetown University Law Center E-Discovery Training Academy and teaches Electronic Discovery and Digital Evidence at the University of Texas School of Law. You can find his articles on eDiscovery and computer forensics on his website, www.craigball.com, and his blog, www.ballinyourcourt.com.

    An application requesting MCLE credit for this activity is pending for approval by the State Bar of California.

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