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California E-Discovery Rules: Still in Their Infancy

On June 29, 2009, Governor Arnold Schwarzenegger signed into law AB 5, California's first set of statutes designed to address the realities of electronic discovery. AB 5 added two new statutes to the California Code of Civil Procedure and amended 19 pre-existing CCP sections.

On August 14, 2009, the Judicial Council followed suit by amending California Rule of Court 3.724 to require early meet and confer as to e-discovery issues.

The rules, which largely track current federal provisions, took effect immediately and brought California in line with the growing number of states adopting specific regulations for modern civil litigation's critical arena of electronically stored information. In that AB 5 has been in force more than a year, many law firms, companies and government agencies are still wrestling with ambiguities and compliance challenges.

Purchase this OnDemand Webinar and listen to an intensive, practical discussion with an expert as to the new rules' apparent impacts on process and strategy as to discovery requests directed to both parties and nonparties, discoverability of data that is not reasonably accessible, sanctions for noncompliance, cost-allocation, and attorney-client privilege and work-product.


Runtime: 88 minutes
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Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Overview of California's Electronic Discovery Act (aka AB 5)

Proactive ESI Management - Litigation Preparedness

Reactive E-Discovery Strategies Throughout a Litigation

  • Safe Harbor and Electronically Stored Information Preservation Obligations
  • Meet and Confer, and Preparation for Initial Conference
  • Requests and Objections - Forms of Production
  • Cost Allocation and Shifting
  • Avoiding Inadvertent Privilege Waivers

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Questions and Answers

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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This course was last revised on January 13, 2011.

Call 1-866-352-9540 for further credit information.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Robert D. Brownstone, Esq.

Robert D. Brownstone, Esq.

Fenwick & West LLP

  • Technology and e-discovery counsel, and Electronic Information Management (EIM) Group chair at Fenwick & West LLP, a 300+attorney, Silicon Valley based, national law firm

• Advises clients and colleagues on email management, retention/destruction policies/protocols, information security, data privacy, electronic information management, electronic discovery and social media rewards and risks

• Nationwide conference chair, speaker and writer on many law and technology issues, including on the www.ITLawToday.com blog

• Has taught electronic discovery law and process at four nationwide law schools

• Frequently quoted in the press as a source on electronic information issues

• Educational Advisory Board member of each; National Employment Law Institute (NELI), ALM Legal Tech, ASU/Arkfeld, Rutgers U. Big Data S.F.

• J.D. degree, magna cum laude, Brooklyn Law School; B.A. degree, Swarthmore College

• Can be contacted at [email protected] or https://www.fenwick.com/professionals/Pages/bobbrownstone_insights.aspx

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Product ID: 387224
Published 2011
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