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2017 eDiscovery Case Law Review: Sanctions, Security and SCOTUS on Spoliation

In modern legal practice, the difference between success and failure often boils down to the ability to navigate and make sense of data. To that end, the legal profession in 2017 was largely shaped by major developments in data and legal technology, from the way in which discovery sanctions were adjudicated to news-making data breaches, such as the so-called “Paradise Papers,” where the hacking of a major law firm exposed illicit tax-sheltering practices of many of the firm’s clients. Over the course of a tumultuous year, legal professionals confronted the specter of cybercrime, a shifting of judicial views on how (and how hard) evidentiary penalties should be imposed, and the fact that the demise of a client’s case -- or a fruitful career -- can arise from a simple failure to understand how modern tech works. The Supreme Court, in the high-profile Goodyear decision, even got in on the action.

Join a panel of experts, including federal judges, as we glean practical guidance from the most important cases and developments of 2017.

Cases reviewed include:

Goodyear Tire & Rubber Co. v. Haeger, No. 15-1406 (U.S. Apr. 18, 2017): When does a court’s inherent power to sanction cross the line?

Ronnie Van Zant, Inc. v. Pyle, 2017 U.S. Dist. LEXIS 138039 (S.D.N.Y. Aug. 28, 2017): Non-party sanctioned under Rule 37(e) for loss of cell phone information.

Harleysville Insurance Co. v. Holding Funeral Home, Inc., No. 1:15cv00057 (W.D. Va. Oct. 2, 2017): Should privilege be waived due to inappropriate use of a file-sharing site?

N.M. Oncology & Hematology Consultants v. Presbyterian Healthcare Servs., 2017 U.S. Dist. LEXIS 130959 (D.N.M. Aug. 16, 2017): Should sanctions be levied for giving employees discretion to preserve emails?

Bailey v. Brookdale University Hospital Medical Center, No. CV 16-2195(ADS)(AKT), 2017 WL 2616957 (E.D.N.Y. June 16, 2017): Expensive discovery persuades court to split costs, and penalize counsel, in light of lopsided ESI agreement.
Recorded Dec 7 2017 63 mins
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Presented by
Judge Frank Maas, Attorney Michael Simon and More
Presentation preview: 2017 eDiscovery Case Law Review: Sanctions, Security and SCOTUS on Spoliation

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  • 2018: Emerging Trends in eDiscovery Feb 7 2018 6:00 pm UTC 75 mins
    Antigone Peyton, Protorae Law, Michael Simon, Seventh Samurai
    In 2018, will ever-accelerating data growth threaten to overwhelm the legal system? Will ephemeral messaging result in a new body of spoliation case law? Will sanctions based on inherent authority make a resurgence? Will the Alexa, social media, and the Internet of Things start changing how lawyers approach discovery? Will eDiscovery finally become just discovery?

    Join hosts Antigone Petyon, Chair of the Intellectual Property and Technology Law Practice group at Protorea Law, and Michael Simon, attorney and consultant with Seventh Samurai, as we discuss these emerging trends and many more. It’s almost like staring into a crystal ball.
  • Slack, Social Media and Self-Deleting Texts: Developments in Employment Law Recorded: Jan 18 2018 64 mins
    Eric Meyer, Partner at Dilworth Paxson, Kristin Ahr, Of Counsel at Broad and Cassel, and Vilma Martinez, GC at Avante Group
    With the explosion of new technology and forms of communication, the modern workplace has become a hotbed of potential evidence that proves essential in labor and employment disputes and investigations. Landlines and water coolers have long been replaced by Slack and Google Hangouts -- and the resulting landscape is one that can vex employers and attorneys who are not up to speed. In this Logikcull webinar, experts including Eric Meyer, partner at Dilworth Paxson in Philadelphia and author of the award-winning Employer Handbook blog, give practical guidance for legal professionals on hot topics, including:

    - The obligations of employers to maintain and update social media, BYOD and other technology-related policies,

    - Navigating personal text messages, emojis, social media and Slack in the course of discovery,

    - The impact of recent case law on employee right to privacy in light of new technology,

    - Self-deleting messaging apps, “ephemeral” media, and their consequences on the duty to preserve.
  • 2017 eDiscovery Case Law Review: Sanctions, Security and SCOTUS on Spoliation Recorded: Dec 7 2017 63 mins
    Judge Frank Maas, Attorney Michael Simon and More
    In modern legal practice, the difference between success and failure often boils down to the ability to navigate and make sense of data. To that end, the legal profession in 2017 was largely shaped by major developments in data and legal technology, from the way in which discovery sanctions were adjudicated to news-making data breaches, such as the so-called “Paradise Papers,” where the hacking of a major law firm exposed illicit tax-sheltering practices of many of the firm’s clients. Over the course of a tumultuous year, legal professionals confronted the specter of cybercrime, a shifting of judicial views on how (and how hard) evidentiary penalties should be imposed, and the fact that the demise of a client’s case -- or a fruitful career -- can arise from a simple failure to understand how modern tech works. The Supreme Court, in the high-profile Goodyear decision, even got in on the action.

    Join a panel of experts, including federal judges, as we glean practical guidance from the most important cases and developments of 2017.

    Cases reviewed include:

    Goodyear Tire & Rubber Co. v. Haeger, No. 15-1406 (U.S. Apr. 18, 2017): When does a court’s inherent power to sanction cross the line?

    Ronnie Van Zant, Inc. v. Pyle, 2017 U.S. Dist. LEXIS 138039 (S.D.N.Y. Aug. 28, 2017): Non-party sanctioned under Rule 37(e) for loss of cell phone information.

    Harleysville Insurance Co. v. Holding Funeral Home, Inc., No. 1:15cv00057 (W.D. Va. Oct. 2, 2017): Should privilege be waived due to inappropriate use of a file-sharing site?

    N.M. Oncology & Hematology Consultants v. Presbyterian Healthcare Servs., 2017 U.S. Dist. LEXIS 130959 (D.N.M. Aug. 16, 2017): Should sanctions be levied for giving employees discretion to preserve emails?

    Bailey v. Brookdale University Hospital Medical Center, No. CV 16-2195(ADS)(AKT), 2017 WL 2616957 (E.D.N.Y. June 16, 2017): Expensive discovery persuades court to split costs, and penalize counsel, in light of lopsided ESI agreement.
  • eDiscovery Case Law Update Webinar Recorded: Nov 15 2017 60 mins
    Robert Hilson
    Join Logikcull and a panel of experts for lessons and best practices to be learned from the most important eDiscovery cases -- and debacles -- of the year. Seven cases will be featured. Come for the hardcore precedence. Stay for the surprise bonus lessons. Michael Simon and Timothy Lohse will host.

    Featured cases include:

    Fischer v. Forrest - Boilerplate objections create havoc
    Morgan Hill Concerned Parents Ass'n - If at first you don't produce correctly, try try again.
    Harleysville Ins. Co. v. Holding Funeral Home - Hitting 'reply all' to the entire internet = privilege waiver
    Solo v. UPS Co. - Proportionality is here, finally.
    Shawe v. Elting - Bad conduct draws bad sanctions...
  • Protecting Client Data in the Age of Cybercrime Recorded: Sep 22 2017 61 mins
    Brian Focht, Eli Walk, Joe Marquette
    If you're practicing law in 2017, you're squarely in the crosshairs of one of the biggest threats the profession has ever faced. Law firms, by the nature of their business, are possessors of their clients' most sensitive trade secrets, IP and electronic records. And hackers know it. Earlier this year, this threat came home to roost in a big way: The Panama-based law firm Mossack Fonseca fell prey to what Edward Snowden described as the "biggest leak in the history of data journalism" -- where hackers accessed the firms IT framework and leaked more than 11.5 million documents across the web.
  • Social Media and the Law Recorded: Sep 6 2017 65 mins
    John Isaza, Eric Goldman, Aryan Kushan
    There are more than three billion active social media users across the world today. That’s almost half the global population, regularly tweeting about the news, sharing updates about their work, and, yes, uploading pictures of their lunch. But social media isn’t just changing the way we interact with each other; it’s changing the way we practice law.

    The rise of social media has significant and novel implications for legal professionals. How are social media messages accessed and preserved for litigation? What are the information governance implications, and potential liabilities, that can stem from a company’s Twitter account or an employee’s Facebook usage? And how are attorneys supposed to make sense of a or a , when emojis are working their way into more and more communication, on social networks and off?
  • Protecting Against Petya: Ransomware and the Future of Law Firm Cybersecurity Recorded: Jul 27 2017 47 mins
    Olga Mack, Brian Focht
    In June, a massive cyberattack brought down one of the country's biggest law firms. DLA Piper, its systems ravaged by the Petya ransomware program, was forced to shut down its phones service, email, and internal computer network--potentially costing millions in lost income. Weeks later, the firm was still digging itself out.

    Such attacks are increasingly an existential threat to firms of all sizes: the difference between being billing and nothingness. Join us as we discuss this urgent issue.

    Attendees will learn:

    -The recent history of cyberattacks against law firms large and small
    -The potential consequences of a successful attack
    -Cybersecurity protections GCs demand from their outside counsel
    -Ways attorneys can protect themselves against ransomware and other cyberattacks
  • The Price of Defeat: Navigating the High-Stakes 'Loser Pays' Rule Recorded: Jun 21 2017 61 mins
    Hon. Joy Flowers Conti, Michael Simon
    Millions of dollars trade hands each year by way of an obscure federal statute that allows prevailing parties to recover litigation costs. Increasingly, high stakes disputes arise over which, if any, eDiscovery costs can be recovered and how to pursue them.

    This webinar digs into case law and judicial guidance on a little understood, but increasingly important issue. Speakers include Hon. Joy Flowers Conti, Chief District Judge of the US District Court for the Western District of Pennsylvania.

    Attendees will learn:


    The history of eDiscovery cost-taxing in federal courts
    Approaches and preconditions for recovering eDiscovery costs
    Notable cases and outliers, including Supreme Court guidance
    Arguments likely to resonate with judges from plaintiff and defendant perspectives
  • Bitcoin, Blockchain, and the Law Recorded: May 12 2017 72 mins
    Erica Wilson, Stephen Middlebrook
    Bitcoin is currently soaring to new heights, with a single bitcoin worth more than $3,000. New “cryptocurrencies,” or digital currencies that employ encryption, are emerging every day, with hundreds circulating every day. Some entrepreneurs are even abandoning IPOs in favor of an “ICO,” or initial coin offering. And as blockchain-based cryptocurrencies become more widespread, they’re earning the scrutiny of federal and state regulators, from the IRS to state legislatures.

    Meanwhile blockchain, the technology that makes many virtual currencies possible, is gaining even more attention, as financial giants invest millions in blockchain research and forward-thinking legal minds turn to the technology for everything from land registries to smart contracts.

    These aren’t just hyped tech trends; bitcoin and blockchain could have significant legal implications, whether it's complicating eDiscovery, raising money laundering concerns, or being used as payment for legal services.

    Attendees will learn:
    -The basics of blockchain and bitcoin technology
    -How blockchain and bitcoin are impacting attorneys day-to-day practice -right now
    -How federal and state laws impact virtual currencies
    -Regulatory frameworks and possible regulatory action around virtual currency
  • Eliminate the #1 Risk in Modern Litigation Recorded: Jan 27 2017 29 mins
    Andy WIlson, Robert Hilson
    Security experts have a favorite saying: data is most vulnerable when it's in motion. Discovery, unfortunately, is a process of motion, where information and documents are shared between client, counsel, third-party service providers and opposing parties. Often, this data is exchanged on physical media (i.e. hard drives, DVDs) or through insecure methods like unencyrpted email. It's a risky, time-consuming and expensive process.
Logikcull
Logikcull.com is instant discovery for modern legal teams. Its secure, cloud-based solution helps law firms and organizations of all sizes solve the expensive, complex, and risky challenges associated with eDiscovery, internal investigations, and open records response. With Logikcull, you can start a discovery project in five seconds, from anywhere at any time on any device. Reviewing data is as easy as performing a Google search. And in Logikcull, your data is always secure. That’s why it’s trusted by the Fortune 500, Am Law 200, and governments of the biggest cities in the world. Founded in 2004 by CEO Andy Wilson and CTO Sheng Yang, Logikcull builds powerfully simple software that democratizes discovery.

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  • Presented by: Judge Frank Maas, Attorney Michael Simon and More
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