ESI & eDiscovery – Legal Requirements, Investigative Tools, Candid Conversations, and Proportional Discovery

We live in a digital world. The volumes of electronically stored information are increasing every year, and the importance of ESI in order to investigate, litigate and resolve a case cannot be denied. Indeed, the amendments to the federal and state rules reflect the importance of ESI and further underscore a lawyer’s ethical obligation to maintain requisite knowledge about issues associated with law and technology. Join us for an interactive presentation about investigating, preserving, collecting, reviewing and producing ESI, including the attorney’s responsibilities.

What You’ll Learn:

1. Speakers discuss the duty to preserve, scope of preservation obligation, litigation hold letters, and court holdings that an attorney has a duty to follow-up and ensure that relevant evidence is being preserved
2. The Arizona Rules of Civil Procedure requires parties to meet and confer to identify the ESI that should be searched, collected and produced. Speakers discuss the steps you should take to be prepared for the meet-and-confer, the topics that should be discussed during it, and the consequences that could arise for failing to meaningfully participate in the process to formulate an ESI protocol
3. An attorney must keep proportionality in mind while discussing ESI with a client, opposing counsel or the court. Speakers discuss proportionality and what is necessary to argue that the scope of discovery is not proportional to the needs of a case

Presented by: Arizona Supreme Court’s Advisory Committee on Rules of Evidence

Faculty
Gaya Shanmuganatha, Shareholder, Tiffany & Bosco PA Association of E-Discovery Specialists, Certified E-Discovery Specialist Electronic Discovery Institute, Certificate in Discovery Practice
Gordon D. Cruse, Gordon D. Cruse, APLC