The Ethics of E-Discovery: Rules, Risks, and Real-World Cases

Kirby Drake | Kirby Drake Law PLLC

Since 2002, Kirby has focused her efforts on helping clients successfully navigate their intellectual property (IP) challenges. She thrives on troubleshooting IP issues. She also enjoys being an advisor to clients when they need assistance in identifying, protecting, and leveraging their IP. Kirby has a special focus on the patent process, as she is a registered patent attorney. The patent system can be complicated, and Kirby helps clients be more comfortable and understand what inventions they can protect and how best to protect them. These inventions can be wide-reaching, and Kirby endeavors to make the patent process accessible to all, whether a start-up or a Fortune 500 company. Kirby utilizes checklists and forms and manages deadlines, sweating even the small stuff when it comes to IP for her clients so they can focus on growing and managing their businesses.

Not only does Kirby work with clients to tackle their IP issues as part of her practice, but she is also committed to IP education and advocacy through her work with the State Bar of Texas and the American Chemical Society. As part of the State Bar of Texas, Kirby served as Chair of the IP Section for the 2018-2019 bar year, where the Section offered IP pro bono workshops for Texas entrepreneurs and also held its first Trademark Boot Camp, educating attorneys, paralegals and law students on the nuts and bolts of trademark law. Kirby also served as Chair of the American Chemical Society (ACS) Committee on Patents and Related Matters for 2018-2020, where she focused on educating members and the public about patents and other important IP issues and identifying opportunities to advocate on the importance of IP.

I. Rules for e-discovery and key takeaways | 2:30pm – 2:45pm

• Model Rules 1.1, 3.3, 3.4

II. Case law examples from when pitfalls occur in e-discovery | 2:45pm – 3:00pm

III. Lessons to be learned from e-discovery sanction case law | 3:00pm – 3:15pm

IV. Social media e-discovery pitfalls | 3:15pm – 3:30pm