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On-Demand Training

CEDS Live Online Exam Preparation Seminar Recordings and Materials - May 2012

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E-Discovery Evolved – Smart Searching

Even with recent advancements in technology assisted review, tried and true searching tactics will continue to play an important role in e-discovery filtering, review and production activities across the Electronic Discovery Reference Model (EDRM). From traditional keyword searching to advanced searching techniques, such as concept searching, topic grouping, near de-duplication and e-mail threading, e-discovery teams need to know how and when to leverage these tools. What do these technologies do? How are they used to conduct a cost-effective, defensible search? How can you get the most out of keyword searches? This presentation will explore smart searching techniques and provide best practices to increase the effectiveness of your next search protocol.

Speakers:
Harris T. Berenson, E-Discovery Counsel, Hughes Hubbard & Reed LLP
Alexander C. Gross, Legal Consultant, Kroll Ontrack

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A Closer Look at Technology-Assisted Document Review

Savvy corporations and law firms are quickly realizing that this technology is designed to aid a human document review – not replace legal analysis and advocacy, and when properly leveraged, the cost savings are substantial and the process is defensible. Furthermore, with the developments in Da Silva Moore v. Publicis Groupe and other similar cases across the country, the judiciary appears to be on the verge of addressing the efficacy of these technologies.

Speakers:
David D. Lewis, Ph.D., Information Retrieval Consultant
Kara Kirkeby, Esq., Document Review Manager, Kroll Ontrack

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eDiscovery Protocol for the DOJ in Criminal Cases

In this webinar we cover the recent Protocol released by the Administrative Office/Department of Justice Joint Working Group on Electronic Technology (JETWG). They have developed a recommended ESI protocol for use in federal criminal cases. Entitled "Recommendations for Electronically Stored Information (ESI) Discovery Production in Federal Criminal Cases", it is the product of a much needed collaborative effort between representatives from the Defender Services program and the DOJ.

Speakers:
John Haried, Assistant National Criminal Discovery Coordinator, DOJ
Allison J. Walton, Esq., eDiscovery Counsel, Symantec

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Conference Panel Sneak Peek: Core training for new e-discovery players and those who need a refresher

If terms like ESI, metadata, concept searching, proportionality, and data protection laws evoke quizzical looks on your face, this conference panel sneak peek is a must-attend for you. Ignorance is not bliss in e-discovery because it carries great risk and cost. The first provision of the Rules of Professional Responsibility of most bar associations imposes a duty of “competence.”

Speaker:
Seth Row, Partner at Parsons Farnell & Grein LLP

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Conference Panel Sneak Peek: Social media opportunities and risks in litigation

Social media conduct and content increasingly affect the outcome of legal disputes and investigations. How do you obtain social media for use in your case? How can you preserve social media to avoid sanctions? What are the risks to litigants and lawyers of using social media? This preview webinar will highlight the major themes of this panel.

Speaker:
Seth Row, Partner at Parsons Farnell & Grein LLP

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Crossing Borders: An International View of E-Discovery

The era of globalization is colliding with the complexity of e-discovery. Lawyers today are responsible for litigation without borders and discovery without language barriers. Yet, the reality is that many practitioners and legal professionals find themselves struggling to implement efficient and cost-effective discovery practices in US-based litigation, let alone navigating the conflicting privacy and legal implications associated with other countries’ discovery laws.

Speaker:
M. James Daley, Esq., CIPP/US, Partner, Daley & Fey LLP

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Conference Panel Sneak Peek: Paying your opponent’s e-discovery bills - Facing and navigating the risks of the US ‘Taxation of Costs’ laws

A federal law allows a judge or clerk of court to "tax costs” on parties. Some states have similar laws. A civil procedure rule says a "prevailing party" may have its costs, except attorneys’ fees, paid by the losing party. These provisions are now being applied to e-discovery costs, even though they are silent on such costs. This may deter aggressive e-discovery demands and prompt great scrutiny of the bills e-discovery vendors present to prevailing parties. What standards do courts and clerks use to determine what costs are taxed? The cost taxation law uses terms like “exemplification,” "copying" and “necessarily obtained for use” in a case, but not “e-discovery.” Can losing parties limit taxable costs? Will this law deter meritorious plaintiffs’ cases? Is it being applied consistently in the 93 federal districts?

 
Speaker:
Robert Barth , Clerk of court of the US District Court for the Western of Pennsylvania

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Conference Panel Sneak Peek: Succeeding in catastrophic cases - Maintaining data security in high-profile matters

Catastrophes are inescapable and usually spawn legal actions that generate activity in investigation, information technology, computer forensics, litigation support, reputation management and other fields. What threat response plan should an organization have? What is a good data preservation strategy?
 
Speaker:
Jeffrey S. Jacobson, Litigation partner at Debevoise & Plimpton LLP

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Conference Panel Sneak Peek: How Predictive Coding Is Altering the E-Discovery Landscape

Under Fire: Technology-Assisted Review Computer-assisted Review? Intelligent Review? Predictive Coding? Smart review? Whatever you call it, amidst growing data volumes and dwindling resources, traditional linear document review is quickly going the way of the dinosaur.

In this session, the panel will:

Explore the “what”, “why”, and “how” behind technology-assisted review
Discuss think-tank and judicial support of this technology, including the most recent Da Silva Moore commentary from Judge Peck
Preview the discussion to come at the ACEDS conference in April

 
Speaker:
Michele Lange, Director for the Discovery product line for Kroll Ontrack

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State of the States: E-Discovery State and Local Rules Update

After the 2006 e-discovery amendments to the Federal Rules of Civil Procedure, state rules committees set to work to adopt the federal revisions – with some states adopting the federal procedural rules in full and some creating local, jurisdiction-specific rules. In addition, certain federal districts have begun to adopt local rules pertaining to e-discovery practices for litigants in their jurisdiction. As lawyers, paralegals and litigation support professionals working on e-discovery productions, it is critical to stay on top of the local nuances to the e-discovery civil procedural rules across the U.S.


Speakers:
Thomas Y. Allman, Esq., Attorney and Consultant, Cincinnati, OH
Michelle Lange, Kroll Ontrack

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Social Media and E-Discovery: Rights, Restrictions and Employee Expectations in the Workplace

Social networking is hot in corporate America. Companies are using Facebook, Twitter, and other emerging networks to build their brands and connect with customers. They are also using it to strengthen their own internal communities – investors, employees, and partners. Success in social networking is not without risk, however. Lawyers and e-discovery practitioners, in particular, struggle with the rights, restrictions and reality involved in employees’ use of social media. The responsibility for governing, managing, preserving and ultimately producing data from social networking activities can be a burden, but when litigation or investigation arises, companies must be able to respond.

Speaker:
Ed Lee, E-Discovery | Forensic and Dispute Services, Deloitte Financial Advisory Services LLP

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The ‘Mainstreaming’ of E-Discovery: Practical Application of EDRM processes on E-Discovery for the ‘Average’ Case

E-Discovery is often described (and sold) as a complex, mysterious, highly technical process designed to address Investigations on the scale of Enron and high-profile litigation cases like Qualcomm v Broadcom. But what about the rest of us? It’s estimated that 85% of e-discovery projects involve less than 20 custodians and 200 GB of data. The EDRM framework applies in the mainstream as well. There are processes and tools available for the ‘average’ size matter, allowing corporate legal teams and law firms handling these cases to implement effective processing, review and production in a manner that’s practical and fully defensible. In this webinar we will look at mainstream e-discovery through the lens of the EDRM.

Speakers:
Keith Slyter, owner and principal at Litigation Paralegals, LLC

Barry O’Melia, leads the operations and enterprise program management efforts at Gallivan Gallivan and O’Melia

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Resolving E-Discovery Disputes: The Role of the E-Neutral

Allison and Peter are Co-founders of the American College of E-Neutrals, an organization providing the world's only directory of qualified discovery neutrals for a digital age. Depending on the e-neutral's role, the e-neutral may carry the proverbial stick as a special master or the proverbial carrot as an e-mediator. E-Neutrals help parties promote proportionality in preservation and production, control costs and avoid spoliation while preserving credibility with the court.

Speakers:
Allison O. Skinner, Of Counsel at Sirote and Permutt Mediation Center, Adjunct Professor of E-Discovery, University of Alabama School of Law

Peter S. Vogel, Partner at Gardere, Wynne, and Sewell LLP; Adjunct Professor of E-Discovery and E-Commerce, SMU Dedman School of Law

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Dealing with Cross Border Issues Effectively

With the exponential increase in the global reach of corporations and other commercial entities, an increasing number of disputes in U.S. courts involve protected data situated in and subject to the laws of foreign countries, many with notions of privacy and disclosure that are much stricter than those in the United States. Those notions of privacy are, quite frequently, given less than due consideration by courts in the U.S. How does the multinational corporation handle the potential Hobson's Choice of violating foreign privacy laws or an order of a U.S. court to produce protected data?

Speakers:
Kenneth N. Rashbaum, Esq., Rashbaum Associates, LLC

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Status of Amendments to the Federal Rules of Civil Procedure

Nearly six years after the Federal Rules of Civil Procedure were first amended to address electronic discovery, another round of amendments are now under consideration. Questions regarding highly contentious, complex and multifaceted issues such as the duty to preserve, Rule 37 sanctions and the role played by technology are among the primary challenges that are up for discussion. But amidst circuit splits, spiraling costs and ever-evolving technology, finding the right solution is no easy task.

Speakers:
Gail Gottehrer, Esq., Partner, Axinn Veltrop & Harkrider LLP
Katie E. Winseck, Esq., Solution Architect, Kroll Ontrack

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Exploring Cloud-Based DIY Discovery

Studies indicate that more than 50% of corporations are working to insource some aspect of e-discovery activities in an effort to save money. In addition, many law firm practice support departments are reassessing in-firm technologies and use of service providers during the e-discovery process. Join us as we explore how organizations can better manage costs and increase control over discovery through in-house or in-firm e-discovery tools.

Speakers:
Ken Ewell, Kroll Ontrack
Ann Marie Riberdy, Wilmer Hale

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Computer Assisted Review

Computer-assisted review, or predictive coding, has been a hot topic in the e-discovery industry and is becoming the new paradigm for document review. The process can offer substantial cost and time savings resulting from improved speed and accuracy during review. However, for some, there’s still a stigma attached to the technology, as well as confusion regarding best practices for implementing computer-assisted review. How does the computer-assisted review process work and how can law firms implement a workflow that’s both effective and defensible?

Speakers:
Jay Leib, Chief Strategy Officer, kCura,
Dave Lewis, Ph.D., David D. Lewis Consulting,
Michael Schubert, Senior Vice President, Encore Discovery Solutions,
Daryl Shetterly, Partner, LeClairRyan

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Privacy in the Workplace: International Perspectives

In an age of constant connectivity – juggling mountains of personal and work email; mobile access to countless applications; rampant blogging and online networking – is there any such thing as true workplace privacy? Does our pervasive use of technology for all things personal and professional lull employees into a false sense of ownership over electronic communications?

Speakers:
Kate Paslan, Esq. Assistant General Counsel for Access Data
Heidi Watson, Senior Associate for Clyde & Co, an international law firm
Georg Kirsch, Senior Patent Discovery & Litigation Expert for Bayer AG

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Social Media Data and the Cloud - The Omnipresent E-Discovery Challenge

Facebook, LinkedIn, Twitter, YouTube, IM, and Google Docs have changed how we communicate, and are repositories of ESI. On whom can you serve a subpoena? When might a court order a social media host to disclose protected information? How can data preservation be managed in ‘the cloud’?

In this previously recorded online training, Seth H. Row, Of Counsel, Parsons Farnell & Grein LLP demonstrates how to find, catalog, retrieve and present social media data and teaches you crucial knowledge on how to use social media data to present your cases well.

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