Using Self-Collection Tools to Gather ESI

Ivan Feris | Continental PLLC

Ivan Feris focuses his practice on complex commercial litigation, class action litigation, investigations and white-collar defense. Prior to joining Continental PLLC, Ivan spent time at two different AM Law top 100 firms where he practiced in the areas of class action defense, consumer protection litigation, products liability litigation, antitrust litigation, appellate litigation, white collar defense matters, international arbitration matters, and administrative law matters.

Ivan earned his J.D., magna cum laude, from the Florida International University’s College of Law, where he graduated as salutatorian of his class. While in law school, Ivan served as the Executive Marketing Editor for the FIU Law Review, a member of the Moot Court Board of Appellate Advocacy, and a 1L Representative for the Student Bar Association. During law school, Ivan also interned with the Miami-Dade Public Defender’s Office, assisting lawyers in providing pro bono representation to indigent individuals.

Before law school, Ivan received his B.S. in Criminal Justice, summa cum laude, from Florida International University. Ivan is fluent in Spanish.

Elan Hersh | Akerman LLP

Elan Hersh is a Partner in Akerman’s Litigation Practice Group and leads Akerman’s eDiscovery Services team. Elan advises clients on electronic discovery (eDiscovery), information governance, litigation readiness and response, cross-border discovery issues, and data privacy. Elan leverages his unique knowledge of the technical and legal dimensions of eDiscovery to advise clients on defensible and cost-effective strategies for data preservation, collection, review, and production, with an emphasis on controlling the scope of discovery and implementing cost-shifting strategies. Elan represents clients in all aspects of eDiscovery throughout the country in both state and federal court and represents foreign corporations who are defending lawsuits in the United States.

Emily Bartkowicz | Akerman LLP

Emily Bartkowicz is a 20-year veteran of the legal industry and currently serves as a Litigation Support Manager with Akerman eDiscovery Services. Emily specializes in assisting firm clients and attorneys with a variety of e-discovery and litigation support-related projects, including case management, forensic collection coordination, document collections and document productions. Emily also works with the Director of eDiscovery Services to manage marketing and business development initiatives, technology innovations and financial reporting for the department. Emily is a Certified eDiscovery Specialist, a Registered Paralegal with the Florida Bar, and holds advanced certifications in eDiscovery, Trial Practice, and Discovery from NALA. She also sits on the executive board for Women in eDiscovery and the advisory board for Broward College’s Paralegal Studies program.

Session I – Social Media in eDiscovery: Risks and Rewards of Automated Self-Collection | 1:30pm – 2:00pm

• Self-collection tools on social media platforms
• Types of data available for collection (posts, messages, metadata, etc.)
• Output formats: How to extract and present social media data
• Technical challenges and solutions
• Integrating social media collections into broader eDiscovery workflows

Session II – Legal Risks in eDiscovery: Custodian Self-Collection and Data Privacy | 2:00pm – 3:40pm

• Legal risks of custodian self-collection
• Failure to preserve evidence
• Legal implications and case law involving social media evidence in eDiscovery

Break | 2:30pm – 2:40pm

• Privacy and data protection concerns
• Tools & methods for self-collection
• Cross-border data collection considerations
• Documenting eDiscovery efforts
• Practical tips for avoiding sanctions