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OnDemand Course

Electronic Data, Discovery and Document Storage

Understand how to effectively collect, preserve and review electronically stored information.

Every 21st Century organization continues to store excessive amounts of unnecessary data. Under-saving can sometimes lead to failure to meet legally imposed day-to-day retention obligations. On the other hand, the risks of over-saving are even greater. For example, the more electronically stored information (ESI) that is retained, the higher the risk of the data being hacked. In addition, excess saving often leads to a giant data set that may be subject to discovery in litigations and/or regulatory investigations. The cost of finding, preserving, collecting, culling, reviewing and producing this data can run into the millions even on a relatively small matter. If a litigating company does not comply with the legal standards applicable to the above electronic discovery (eDiscovery) steps, it could suffer sanctions, ranging from reimbursing the opposing party for some costs and/or attorney fees to an outright loss on the merits. This material will touch on the various phases of eDiscovery, focusing on legal rules and technology processes regarding the identification and reduction of data prior to its review and production. Furthermore, the topic will address data repositories now encompassed by eDiscovery, such as data stored in the Cloud, on mobile devices and on social media sites.

Runtime: 93 minutes
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Why Lorman?

Over 33 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

Day-To-Day Retention/Destruction

  • Big Picture as to Policies/Programs
  • Over-Saving Costs
  • Under-Saving Costs

Basic Steps and Overview of the Preservation of ESI

  • Legal Ethics
  • Avoid These Mistakes - Case Law and How Sanctions May Have Been Avoided
  • Preservation and Proportionality
  • Typical ESI Sources and "Pre-Ecollection" Processes

Modern eDiscovery Process Challenges for Litigants and Their Counsel

  • Communications, Cloud Repositories and Mobile Devices -May Be Sources of Relevant Data
  • Social Media, Posts, Photos and Likes/Comments Are Potentially Subject to eDiscovery
  • Digital Forensics - What Is Hiding on Computers and Devices? "Deleted" Does Not Always Mean Unrecoverable
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Why Lorman?

Over 33 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 Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, New Hampshire, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on July 24, 2018.

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

  • CA MCLE 1.5 including Ethics 0.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit, of which includes 0.50 hours of ethics credit.
     
  • NM CLE 1.5 including Ethics 0.5
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit, including 0.5 hours of ethics credit.
     
  • OR CLE 1.5 including Ethics 0.5
     
  • Approved for 1.5 CLE credits in Oregon, including 0.50 hours of ethics credit.
     
  • WA CLE 1.5 including Ethics 0.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit, including 0.50 hours of ethics credit.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

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

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Why Lorman?

Over 33 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 where he has been a lawyer and technologist for 20 years
  • Advises clients and colleagues on retention/destruction policies/ protocols, information security, data privacy, all sorts of electronic information management, electronic discovery, eWorkplace policies and social media rewards and risks
  • Nationwide conference chair, panel moderator, speaker and writer on many law and technology issues, including on the www.ITLawToday.com blog
  • Has taught electronic discovery law and process nationwide a dozen times at four law schools
  • Periodically quoted in the mainstream and legal press as a source on electronic information issues
  • Educational Advisory Board member of: National Employment Law Institute (NELI), ALM Legal Tech, ASU/Arkfeld and Rutgers U. Big Data
  • J.D. degree, magna cum laude, Brooklyn Law School; B.A. degree, Swarthmore College
  • Can be contacted at [email protected]
  • Full bio and extensive bibliography at https://www.fenwick.com/professionals/Pages/bobbrownstone_insights.aspx
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Why Lorman?

Over 33 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.

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

  • Live Webinars
  • OnDemand Webinars
  • MP3 Downloads
  • Course Manuals
  • Audio Recordings*
  • Executive Reports
  • White Papers and Articles
  • Sponsored Live Webinars

Additional benefits include:

  • State Specific Credit Tracker
  • Members Only Newsletter
  • All-Access Pass Course Concierge

* For audio recordings you only pay shipping

Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 403668
Published 2018
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