Understanding and Complying With Disclosures Under Rule 26(A)

CD & Manual
  389147TMX $199.00 USD Add to Cart
Credit Details
 87 Min. Audio MP3 - No shipping cost
   389147POD $199.00 USD Add to Cart
Credit Details
What is a Podcast?

Benefits

Electronic discovery has fundamentally altered both the corporate and legal worlds. The discovery and production of electronic records is now expected by litigants and courts alike. You will learn about the amended federal rules relating to electronic discovery and recent case law interpreting these rules. This live audio conference will also discuss benchmarking data that assesses how companies can cope with amended federal rules' requirements and offer practical suggestions for integrating records management and legal hold practices to improve e-discovery readiness.


Agenda

Objectives of Rule 26 Changes
  • Accelerate Exchange of Information Earlier in the Case
  • Reduce Financially Burdensome Legal Processes for Parties
  • Assist Courts and Litigators in Navigating the Complex World of Electronically Stored Information
Amended Rules Key Areas of Focus
  • Early Preparation and Scheduling
    • Rule 26(a)(1) Initial Disclosures
    • Rule 26(f) Conference of Parties
    • Rule 16(b) Scheduling and Planning
  • Inaccessible Information
    • Rule 26(b)(2)
  • Safe Harbor
    • Rule 37
Preparation and Scheduling
  • Under Amended Rules 16(b) and 26(f), the Parties Must Confer On:
    • Disclosure and Discovery of ESI
    • The Form in Which ESI Should Be Produced
    • Issues Relating to Claims of Privilege and Protection of Trial Preparation Materials
    • Possible Agreement to Procedures for Post-Production Assertion of Privilege or Work-Product Protection
    • Ethical Considerations Involved in Counseling Client on Its Discovery Obligations
Inaccessible Information
  • Under Amended Rule 26(b)(2)(b), a Party Is Not Required to Produce Inaccessible Information
    • If Party Routinely Uses Data or Accessed Otherwise Inaccessible Information for Own Benefit, Not Inaccessible
    • Backup Tapes Used Exclusively for Disaster Recovery Legacy Data From Obsolete Systems Undue Cost or Burden
  • Requirement to Preserve Some Not Reasonably Accessible ESI
Safe Harbor
  • Amended Rule 37(f) Adds Safe Harbor
  • Absent Exceptional Circumstances, a Court May Not Impose Sanctions Under These Rules on a Party for Failing to Provide Electronically Stored Information Lost as a Result of the Routine, Good-Faith Operation of an Electronic Information System
  • Advisory Committee Notes May Limit Broad Application of Safe Harbor
Questions and Answers

Faculty

Timothy J. Carroll, Loeb & Loeb LLP


Timothy J. Carroll
  • Partner with Loeb & Loeb LLP
  • Focuses on commercial and IP litigation matters
  • Counseled numerous clients, including two Fortune 15 companies, on adopting and implementing lawfully compliant information management programs, as well as on various e-discovery and data security initiatives
  • Widely published and quoted in the field of compliance and e-discovery
  • Featured in Compliance Week, Metropolitan Corporate Counsel and the Chicago Tribune
  • Serves as a guest lecturer on the law of trade secrets at the DePaul University College of Law’s IP Legal Clinic
  • B.A. degree, University of St. Francis
  • J.D. degree, DePaul University College of Law
  • Can be contacted at 312-276-8616 or at tcarroll@loeb.com




These Materials are Designed For

This program is primarily designed for attorneys. Other legal professionals may also benefit from attending.

CD & Manual - CD Set with bound 22 page manual
Podcast - 87 Minute MP3 with 22 page electronic manual - Immediate Access and No Shipping Cost