E-Discovery Process: Essentials, Ethics and Forensics Experts

John M. Degnan
Heidi J. K. Fessler
Mary T. Novacheck
Mark Lanterman
John M. Degnan | Taft Law
Heidi J. K. Fessler | Innova Law Group, PLLC
Mary T. Novacheck | Bowman and Brooke LLP
Mark Lanterman | Computer Forensic Services

On-Demand: June 8, 2021

E-Discovery Process: Essentials, Ethics and Forensics Experts
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Program Summary

Primer on E-Discovery:

You will learn why it is essential that you remain involved in the Discovery process from beginning to end rather than rely solely on others to manage the process. We will also discuss how the world of digital data and the law is constantly evolving and what you need to do to stay ahead of the curve. In addition, we will discuss changes in the laws and the court's willingness to sanction discovery missteps.

Ethics/Professionalism:

Lawsuits have long been won and lost because of discovery, and e-discovery has electrified that battlefield. An entire global market for e-discovery software and services emerged since 2006, challenging any lawyer to stay abreast of its changing technologies, to understand the role of vendors, and to conduct a case “professionally” as expected in federal and state courts. Add in the mixed treatment in case law both holding parties to high standards of accountability for their handling of electronically stored information (ESI) and also seeking to ease the burdens of e-discovery.

Attorneys can expect to learn about when a lack of “professionalism” arrives not only in the form of obstructive tactics and incivility; but also when a lack of competence with e-discovery technologies and data issues causes unnecessary burden and cost.

Working with Forensics Experts:

You've read the headlines. Unfortunately, the question now is not if your information is going to be accessed or stolen, but when. To inform the attendees of current developments in the digital underground as well as provide realistic advice for cyber protection, Mark Lanterman will be discussing recent high-profile cybercrime events, including website breaches impacting security firms, HR departments, courts, law firms, and government agencies.

Mark will discuss particularly dangerous types of threats that might affect individuals involving the Dark Web, the Internet of Things, phishing, and Wi-Fi attacks; additionally, Mark will demonstrate the value of leveraging digital evidence and ESI in the courtroom.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

Primer on E-Discovery:

  • How the world of digital data and the law is constantly changing
  • What you need to do to stay ahead of the curve
  • Changes in the laws
  • Courts willingness to sanction discovery missteps

Ethics/Professionalism:

  • Competence Expectations
  • Duty to Supervise
  • Proportionality and Cooperation
  • Unique Challenges of Metadata
  • Rogue Employees
  • Cybersecurity: Dishonesty, Fraud, Deceit, Or Misrepresentation

Working with Forensics Experts:

  • Recent high-profile cybercrime events
  • Dangerous types of threats that might affect individuals
  • Demonstration of the value of leveraging digital evidence and ESI in the courtroom

Date/Time: July 29, 2021

  • 2:00 pm – 5:20 pm Eastern
  • 1:00 pm – 4:20 pm Central
  • 12:00 pm – 3:20 pm Mountain
  • 11:00 am – 2:20 pm Pacific

Choose a format:

Live Video Broadcast/Re-Broadcast: Watch Program "live" in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for "live" CLE credit.

On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 5 business days after the original recording date and are view-able for up to one year.

Closed-captioning available

Speakers

John M. Degnan_Taft Law_myLawCLEJohn M. Degnan | Taft Law

John is an accomplished trial lawyer, arbitrator and mediator who has handled more than 100 jury trials. As a member of Taft’s Commercial Litigation practice. John has more than 40 years of experience handling malpractice claims, prescription drug and pharmacy matters, products liability and issues relating to the federal False Claims Act.

John has also represented clients with electronic medical records (EMR) issues and has experience with HIPAA. He is frequently chosen as a mediator and arbitrator in business disputes and employment, commercial and injury cases.

John is a co-editor of the Minn CLE E-Discovery Deskbook and was a member of the Minnesota E-Discovery Working Group. He was an author of an e-discovery article published in the 2014 William Mitchell Law Review, Volume 40, Number 2, entitled “An Electronic Discovery Primer.” He is frequently invited to speak to members of the bench and bar on e-discovery best practices and computer forensics. John also participates in healthcare discussions locally and nationally.

Heidi J. K. Fessler_Innova Law Group, PLLC_myLawCLEHeidi J. K. Fessler | Innova Law Group, PLLC

Heidi is a business partner that brings extensive knowledge as an attorney that has worked with clients ranging from small businesses to Fortune 500 enterprises.

Her technology knowledge enables her to uniquely advise clients on the risks while also partnering with the internal client teams to implement the plans critical to legal and regulatory compliance.

She established her own firm in 2019 to serve companies seeking premier data security and privacy guidance with an action-oriented approach to managing risks within the evolving global legal and technology landscape.

Mary T. Novacheck_Bowman and Brooke LLP_myLawCLEMary T. Novacheck | Bowman and Brooke LLP

Mary Novacheck has litigated complex discovery and eDiscovery issues in class actions, MDLs and mass torts involving pharmaceutical, medical device and automotive litigation, handling briefing and oral arguments on high-stakes discovery motions in multiple states and federal courts. She has extensive experience negotiating and litigating complex discovery issues, focusing discovery on the needs of the case in order to manage and reduce the burdens of overly broad and disproportionate discovery.

Mary aggressively prepares and defends corporate employees who testify in depositions and trial. She has appeared pro hac vice in multiple venues defending clients on ESI orders and compliance, preservation and review of electronically stored information, database and unstructured data productions, back-up data preservation and review, ESI collection methods, the effectiveness of litigation holds, confidentiality of electronic documents, TAR and computer assisted review. Mary is a member of the Lawyer’s for Civil Justice Executive Committee and Board of Directors.

In 2017 she was honored with LCJ’s “Outstanding Contributor” award and is co-chair of LCJ’s Diversity and Young Lawyer’s Committee, recently founding LCJ’s Fellows program. She is also a frequent lecturer and author, having testified to the Federal Advisory Committee on Civil Rules in 2019 in support of proposed amendments to Rule 30(b)(6) on corporate depositions and has authored several comments to the Committee on topics related to civil justice reform and rules amendments.

Mark Lanterman_Computer Forensic Services_myLawCLEMark Lanterman | Computer Forensic Services

Mark Lanterman is the Chief Technology Officer of Computer Forensic Services. Before entering the private sector, Mark was a member of the U.S. Secret Service Electronic Crimes Taskforce. Mark has 28 years of security and forensic experience and has testified in over 2000 cases. Mark is faculty for the Federal Judicial Center in Washington, D.C., the National Judicial College in Reno, Nevada, the University of Minnesota and the Mitchell Hamline Law School.

Mark is a professor in the cybersecurity program at the St. Thomas School of Law in Minneapolis, Minnesota.

Mark has provided training in digital evidence, computer forensics and cyber security to the United States Supreme Court. He has also presented to the 8th and 11th Circuit Federal Judicial Conferences as well as numerous State and Federal Judicial Conferences across the United States. Mark completed his postgrad studies in cybersecurity at Harvard University and is certified as a Seized Computer Evidence Recovery Specialist (SCERS) by the Department of Homeland Security. Mark is a member of the Minnesota Lawyers Professional Responsibility Board and serves as Chairman of its Opinions Committee.

Agenda

I. How the world of digital data and the law is constantly changing | 2:00-2:15
II. What you need to do to stay ahead of the curve | 2:15-2:30
III. Changes in the laws | 2:30-2:45
IV. Courts willingness to sanction discovery missteps | 2:45-3:00

V. Break | 3:00-3:10

VI. Competence Expectations | 3:10-3:20
VII. Duty to Supervise | 3:20-3:30
VIII. Proportionality and Cooperation | 3:30-3:40
IX. Unique Challenges of Metadata | 3:40-3:50
X. Rogue Employees | 3:50-4:00
XI. Cybersecurity: Dishonesty, Fraud, Deceit, Or Misrepresentation | 4:00-4:10

XII. Break | 4:10-4:20

XIII. Recent high-profile cybercrime events | 4:20-4:50
XIV. Dangerous types of threats that might affect individuals | 4:50-5:10
XV. Demonstrate the value of leveraging digital evidence and ESI in the courtroom | 5:10-5:20