Understand the unique challenges associated with your duty to preserve evidence.
Almost every lawyer has a basic understanding of the duty to preserve evidence. This obligation is particularly important with respect to the preservation of electronically stored information, which presents unique technical challenges for practitioners. This material provides an overview of the duty to preserve electronically stored information under both the common law and recently enacted amendments to the Federal Rules of Civil Procedure. This information would be essential to lawyers who regularly practice litigation to ensure that their clients comply with critical preservation standards.
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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
Define Spoliation Evidence
- Common Law Definitions
- State of Mind and Prejudice
- Proving Spoliation
FRCP Rule 37(e)
- The Prejudice Requirement
- Sanctions for Intentional Spoliation
- Relationship to Common Law Standards
Breach of Duty to Preserve
- When Is Duty Triggered?
- What Is Covered?
- State of Mind and Prejudice
Remedies for Spoliation of Evidence
- Remedies Available for Intentional Spoliation
- Remedies for Negligent Spoliation
- The Relationship Between Rule 37 and Common Law Remedies
Spoliation Standards
- Rule 37
- Common Law
- Proving Bad Faith or Intent
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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
This course was last revised on March 19, 2018.
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 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
Timothy D. Edwards
Edwards Law Group LLC
- Founder of the Edwards Law Group LLC, in Madison, Wisconsin
- Accomplished trial attorney who has litigated complex civil litigation cases throughout the United States for approximately 20 years
- Adjunct lecturer at the University of Wisconsin Law School, where he has taught civil procedure, evidence and legal writing for more than 15 years
- Member of District 9 Professional Responsibility Committee, the Seventh Circuit's Electronic Discovery Pilot Program and he is certified as an electronic discovery specialist by the Association of Electronic Discovery Specialists (ACEDS)
- LL.M. degree, University of Missouri-Kansas City School of Law; J.D. degree, Wayne State University; B.A. degree, University of Wisconsin, Madison
- Can be contacted at 608-441-5113
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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.
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