Hon. John Facciola, magistrate judge, U.S. Dist Ct for DC; Conrad Jacoby, Winston & Strawn LLP
This course is an introductory and a highly practical guide for practitioners seeking greater expertise on the proper management of discoverable information stored in electronic format. The faculty will review the governing procedural rules and legal opinions that are shaping the current legal landscape before providing practical advice for requesting, producing and working with electronically stored information in discovery and at trial. Attendees will learn about important issues that regularly come up in e-discovery, including preserving potentially relevant data, negotiating agreements and orders, developing and implementing an electronic discovery plan, preparing disclosures under Rule 26(a)(1), and handling computer records custodian depositions under Rule 30(b)(6) and conferences under Rules 26(f ) and 16(b). Panelists will discuss formal discovery requests and responses, protocols for the production of e-mail and other electronically stored information, cost-shifting, sanctions, and spoliation. The course also will explore important legal ethics issues in e-discovery, including inadvertent transmittal of confidential information and other confidentiality issues. Sample checklists and forms for both requesting and responding parties will be provided.