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Best Practices to Avoid Missing Key Evidence in Large Doc Review (Uber Index)

Nothing can be more disastrous than showing up at a depo and finding that your team missed a key piece of evidence in document review, but your opposition found it. Not finding that “smoking gun” admission, or allowing critical privileged information to slip through into a production can be avoided, but only if your search tools are fully functioning. Many attorneys assume that all eDiscovery processing approaches and search tools and techniques are basically the same, but nothing could be further from the truth. In this webinar learn crucial search functions and critical indexing differentiators that will protect you from inadvertently missing important evidence during eDiscovery.

Key Points

  • Overview Modern Search and eDiscovery Indexing Technologies
  • Basic and Advanced Search Options in Use Today
  • Search Indexing ‘Gotchas’
  • Pitfalls of Relying Solely on Image-Based OCR Indexing
  • Why Native Extraction Alone is Ineffective
  • Complexities of Working with Foreign Language and Translated Text
  • Optimal Seach with a Concatenated Indexing Approach
  • Takeaways
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Best Practices in Use, Authentication and Admissibility of Social Media Evidence

Social media can yield the most important evidence of your case, but only if you gather and use it properly. Social media has allowed individuals and businesses to communicate in new, unprecedented ways. Not surprisingly, it can be the most important evidence in your case. But identification, collection, authentication, admissibility and ethics rules require special consideration. Joining us for this webinar is Robert Keeling, partner at Sidley Austin and industry expert on the complex topic of social media eDiscovery.

Key Points

  • The Prevalence of Social Media
  • The Use of Social Media
  • Using Social Media as Informal Discovery
  • Applicable Ethics Rules, Guidelines, and Opinions
  • Takeaways, Tips, and Other Considerations
  • Authentication and Admissibility Considerations
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eDiscovery Planning for the Plaintiff Lawyer

Leveraging hold notices, ESI protocols, meet and confer, and other opportunities obtain the evidence needed to successfully build a case. Trial lawyers often represent the primary requesting party for document-complex discovery and litigation. Increasingly, this can overwhelm how they traditionally have reviewed productions and marshalled potential evidence.

Plaintiff lawyers, particularly if operating on a contingency basis, must carefully budget their time investment and client expenditures, while continually revaluing the case potential. Exploding electronically stored information (ESI) collection sizes in modern litigation makes this a difficult balancing act, requiring litigators to thoughtfully plan their document request, create reasonable agreements with opposing counsel and aggressively advocate for their eDiscovery rights.

Craig Ball, a noted authority on eDiscovery and computer forensics, offers practical advice as to how trial lawyers can obtain the evidence they need to successfully build their case and effectively advocate for their clients.

Key Points

  • Responsibilities of the requesting party in setting the eDiscovery agenda
  • Best practices for litigation holds
  • How strategic agreements with opposing counsel can advance effective discovery
  • Dealing with preservation and spoliation issues
  • Preparing for Rule 26 conferences
  • Closing advice and take-aways
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Judicial Advice on On Meeting your Rule 26(f) Obligations

Our recent webinar, Avoiding Spoliation Sanctions in 2017 Under the New FRCP Amendments, featured the honorable Judge Xavier Rodriguez, a United States District Judge for the Western District of Texas. One of the questions we asked Judge Rodriguez was “Are judicial expectations shifting as to what the parties should accomplish in early case conferences and the scheduling order before discovery commences?” He offered some valuable insight into what best practices he is seeing from the Rule 26(f) meetings and which elements are still missing.

Rule 26(f) obligations have been the source of much confusion and hand-wringing. There are several key agreements which must be met during ‘meet and confer’ sessions early in the case, which at a glance can appear daunting. Proactive approaches to the challenge are best.  With the sheer amount of electronically stored information (ESI) exchanging hands in a complex case today, and the possibility of some ESI to be not preserved, damaged or lost, Rule 26(f) forces us to do the necessary work early in the case, rather than waiting for problems to arise.

We wanted to bring you our key takeaways from the webinar on Rule 26 obligations to keep in mind as you prepare for your next document complex case.

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