eDiscovery Legal and IT Series Overview

An unprecedented imposition of sanctions by the Courts has led to one of the most difficult competency periods in the practice of law. Legal professionals must respond and adapt to this changing legal environment.

The Comprehensive eDiscovery Package is designed to provide you the necessary instructional content to enable you to competently discern and address the electronic information issues as they arise in your practice.

This eDiscovery Package will:

Provide an overview of information technology and the electronic discovery process as well as covering computer fundamentals including creation, organization and forms of electronically stored information (ESI).

Provide an examination of the characteristics, classification and terminology of electronically stored information (ESI). 

Examine different types of ESI including email, databases, Internet data including social networking information, along with texting, index data and all types available for discovery including Accident Event Recorders.

Focus on metadata, distinction and significance of system and application (embedded and substantive) metadata, and why it is evidence. 

Introduce the appropriate steps required to preserve collect review and produce metadata.

Introduce the IT infrastructure of an organization and how computer systems and networks are managed by an organization. 

Examine methods of how to catalogue a wide range of storage media, devices and locations of electronically stored information (ESI).

Provide the preliminary basis for a careful examination of backup systems and their common implementations in enterprise environments including networks and servers. 

Examine the benefits of managing ESI in an electronic format and using automated litigation support systems (online and offline) to manage, control and review ESI electronically. 

Examine the critical steps for processing ESI including filtering, deduplication, processing, searching and production formats.

Examine search methods and protocol for ESI; inspection of computer systems and the chain of custody to ensure authenticity of ESI and other issues that could affect its admissibility.

Examine forms of production including native files, TIFF and PDF as well as their effect on eDiscovery.

Cover program areas such as privileges, inadvertent disclosure – court approaches, inadvertent disclosure retrieval procedure, inadvertent disclosure under new FRE 52 involving limitation on waiver and “clawback” along with other protective agreements. 

Provide knowledge on the limitations and protections afforded litigants in eDiscovery proceedings. Including objections based on ESI not being reasonable accessible, burdensome, relevance, overbroad, cost allocation/proportionality, sampling and their effect on ESI disclosure.

Examine two main areas: certification of your discovery responses under FRC26(g) or similar state procedural rule; and under what circumstances is it necessary to certify your search methodology and protocol for the courts.

Understand the elements to establish the spoliation of ESI including culpability and relevance. 

Focus on the type of sanction including an adverse inference instruction, monetary awards and even criminal penalties including jail.

Courses Included in this Package

1. Overview of IT and Electronic Discovery
   This introductory session will provide an overview of the convergence of information technology and the practice of law. (54 Minutes)
2. Creating ESI, Directories and Forms
   This program studies how a computer creates, stores and retrieves ESI, organizational structure of a file system and the forms of ESI. (1 Hour and 25 Minutes)
3. ESI Characteristics, Terminology and Classifications
   This program provides an examination of the characteristics, classification and terminology of electronically stored information (ESI). (47 Minutes)
4. ESI Types - Metadata and E-mail: Part I
   This program will begin the examination of types of ESI including with a special focus on metadata and e-mail. (1 Hour and 19 Minutes)
5. ESI Types - Internet, Databases, Spreadsheets and More: Part II
   This program will continue focusing on different types of ESI including databases, Internet data including social networking information and many other ESI types. (1 Hour and 40 Minutes)
6. Computer Forensics: Restoring and Concealing ESI
   This program focuses on the methods a party may use to prevent disclosure or access to ESI. There are many ways to destroy, alter, restore, conceal and protect ESI. (44 Minutes)
7. Infrastructure: People, Procedures and Technology
   This program is focused on the IT infrastructure of an organization and how computer systems and networks are managed by an organization. (15 Minutes)
8. Storage Locations - Media, Devices, Networks and Servers: Part I
   This program begins an examination of a wide range of potential storage media, devices, and locations of “electronically stored information” (ESI). Special focus will be placed on media, devices, networks and servers. (1 Hour and 29 Minutes)
9. Storage Locations - Cloud, Back-up System, Archival and Legacy: Part II
   This program continues the study of a ESI storage locations of “electronically stored information” (ESI). Special attention will be provided on Cloud, Back-up System, Archival and Legacy systems. (50 Minutes)
10. Managing and Producing ESI: Technological, Search and Cost Issues
    In this program you will learn the benefits of managing ESI in an electronic format and using automated litigation support systems (online and offline) to manage, control and review ESI electronically. (1 Hour and 19 Minutes)
11. Nature of Claims, Scope of Discovery, Terminology and Classification
    This program will focus on four major ediscovery areas: Nature of Claims, Scope of Discovery, Terminology and ESI Types and Storage. (1 Hour and 8 Minutes)
12. Legal Holds and Controlling Costs
    This program will focus on the obligation of parties to preserve ESI when a "triggering" event occurs and the myriad of legal directives in instituting a legal hold to ensure ESI is not destroyed and controlling costs. (1 Hour and 6 Minutes)
13. Search Methodology, Protocol, Computer Inspection and Chain of Custody
    This program will focus on three main topics: search method and protocol for ESI; inspection of computer systems and the "chain of custody" to ensure the authenticity of ESI and other foundational issues that could affect its admissibility. (1 Hour and 6 Minutes)
14. ESI Format Disclosure Requirements
    In any case involving ESI there are several critical IT and legal issues that must be decided to determine in what “format” or "form or forms" ESI is produced and disclosed to the requesting party or in what “format” you will be receiving ESI. (1 Hour and 16 Minutes)
15. Privileged ESI, Nonwaiver Agreement and FRE 502
    In the context of electronic discovery, producing parties in turning over large amounts of data and computer files (including metadata) expose themselves to the risk of inadvertently disclosing protected work product or other privileged materials. (1 Hour and 5 Minutes)
16. Limitations of Discovery - Cost Allocation, Protective Orders, Burdensome and Relevancy
    The focus of this session will be on the limitations and protections afforded litigants in eDiscovery proceedings. (1 Hour and 7 Minutes)
17. Certification of Production Efforts
    This program focuses on two main areas: certification of your discovery responses under FRCP 26(g) or similar state procedural rule; and under what circumstances is it necessary to certify your search methodology and protocol for the Courts. (25 Minutes)
18. Spoliation and Sanctions
    The Courts have issued an unprecedented number of sanctions based on the spoliation of ESI. This program will focus on the elements to establish the spoliation of ESI including culpability and relevance. (36 Minutes)

Course Faculty

Michael R. Arkfeld

Arkfeld & Associates
Speaker, Author and Consultant
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Arkfeld on Electronic Discovery and Evidence

A comprehensive treatise that addresses all the key aspects of the discovery and admission of electronic evidence, within the context of relevant statutes, regulations, and federal and state case law. Authored by Michael R. Arkfeld, Esq., a leading attorney and speaker, the Third Edition is completely revised, enhanced both in substance and format. The up-to-date 1400+ page treatise contains 8 chapters as well as four companion Best Practices Guides, which are cross-referenced to the treatise, and a fully-searchable CD-ROM. It provides fingertip access to sample discovery forms, letters, and court orders, and includes dozens of practice tips and pointers.

Learn more about the Arkfeld on Electronic Discovery and Evidence at Lexis Nexis.

• Authoritative discussion of court rules and federal and state cases on electronic discovery and evidentiary issues
• Clear and easy to read explanations of technology and legal concepts
• Four cross-referenced Practice Guides
• Over 110 forms, checklists, and practical pointers
• eBook contains all the content, actual cases, forms and checklists