DBA Business Litigation Section,

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Presentation transcript:

DBA Business Litigation Section, 12.12.2017 How to Tame the E-Discovery Beast: What You Need to Know to Stay Out of Trouble AM Moderator: Carol Payne, Partner, Estes Thorne & Carr PLLC Panelists: Kelly Carr, General Counsel, The Brandt Companies Elizabeth Brandon, Partner, Barnes & Thornburg LLP Lauren Abeyta, Founder and CEO, Ascension Legal Consulting DBA Business Litigation Section, 12.12.2017

1 megabyte = a short novel VOLUME 1 megabyte = a short novel 1 gigabyte = a pickup truck filled with books 1 terabyte = 50,000 trees reduced to paper RR Volume of Electronic Data is Increasing 99% of new information is stored electronically (most on hard disks) Most Data is Stored Only Electronically Less than 1/3 of e-documents are ever printed [ ] % of business-critical info is stored within corporate e-mail systems Few companies proactively manage document storage DBA Business Litigation Section, 12.12.2017

Where’s the Data? AM ABA Commission on Ethics 20/20 Report (5/8/12) noted that amending comment to incorporate the phrase “including the benefits and risks associated with relevant technology” was critical giving the “growing importance of technology to modern law practice.” DBA Business Litigation Section, 12.12.2017

Widely-used representation of the discovery process JM Widely-used representation of the discovery process Starts at information management (which clients generally handle themselves and associates are pretty rarely involved so we are not going to cover it here) to identification… We are going to be talking about this process step by step but in reality, some steps happen at the same time; process is iterative DBA Business Litigation Section, 12.12.2017

EVOLVING STANDARDS DBA Business Litigation Section, 12.12.2017

The level of expertise a lawyer needs regarding E-discovery Strategies for meeting the evolving standards of care DBA Business Litigation Section, 12.12.2017

DBA Business Litigation Section, 12.12.2017 Questions? DBA Business Litigation Section, 12.12.2017

Speaker Biographies Kelly Carr, General Counsel of The Brandt Companies Elizabeth Brandon, Partner with Barnes & Thornburg, LLP, Commercial Litigation and Securities Lauren Abeyta, Founder and CEO of Ascension Legal Consulting You are the associate – get in touch with Rachelle, Kim and start conversation. You have resources: Strategic planning process Speak to partners – need to be involved in the process. How much money is involved. Judgment calls for clients and partners We know the vendors, budgets (all volume based pricing) Carol Payne, Partner with Estes Thorne & Carr, Commercial Litigation and Legal Ethics DBA Business Litigation Section, 12.12.2017

Disclaimer This content is intended for educational and informational purposes only and does not constitute legal advice or services. DBA Business Litigation Section, 12.12.2017