Navigating Ethical Challenges and Best Practices in the Digital Age of eDiscovery

Over the past decade, the volume of data involved in legal proceedings has rapidly surged. With the advent of new technologies and their pervasiveness in daily life, the amount of information now captured and stored electronically presents significant challenges for lawyers in data management and processing. Since eDiscovery often accounts for a substantial part of litigation expenses, attorneys must approach it efficiently and cost-effectively. To do so, it is crucial for attorneys to possess a comprehensive understanding of data storage, retrieval, and associated costs. This knowledge will enhance attorneys’ proficiency in communicating with technical experts and presenting information to their clients and the court. Equally, attorneys must be aware of the ethical obligations that frame eDiscovery. Given the relative novelty of eDiscovery and the continuously evolving technology it examines, attorneys have a responsibility to educate themselves on new and potential technical developments affecting the process. To that end, they must also uphold candor with the court and ensure the accuracy and completeness of the information presented. This course provides attorneys the opportunity to better understand how eDiscovery works, streamline how they engage with technical professionals, and potentially provide clients with better counsel.
In this seminar, our panel of experts will initially focus on explaining the concept of eDiscovery, and its significance, supplying a few examples of its applications, and its importance. Next, they will then shed light on common ethical issues, violations, and mistakes attorneys make while in the courtroom regarding eDiscovery. Furthermore, they will discuss the ethical responsibilities of handling electronically stored information (ESI). Finally, our speakers will delve into best practices, relevant case law, and the sanctions imposed by the court for ethical shortcomings in eDiscovery.
Topics covered in this webinar:
1. Introduction to eDiscovery
2. eDiscovery Challenges in the Courtroom
3. Ethical Issues for ESI and eDiscovery
4. Key Practices to adopt for eDiscovery Ethics
5. Ethics and eDiscovery Case Law

Our Mission is to bridge the knowledge gap between law and technology professionals by educating attorneys on technology to attorneys and technology executives on its laws and regulations. Legal Cyber Academy provides a comprehensive tool and evolving knowledge base through exclusive insights from world class cybersecurity, privacy, web 3.0, forensic, and e-discovery legal and technical practitioners. Earn CLE, CPE, and CE credits. (Refunds are available if you do not receive credit) At Legal Cyber Academy We recognize that technology, the cybersecurity threats it faces, and relevant laws and regulation are rapidly evolving, presenting unique challenges and opportunities. Our platform is dedicated to empowering legal professionals with the skills and understanding necessary to navigate the complex landscape of technology in their field, enabling them to effectively advise clients, draft contracts, and navigate legal implications in a technology-driven world. Simultaneously, we strive to equip technology professionals with the legal knowledge they need to make informed decisions, ensure compliance with regulations, and limit liability. By fostering a deep understanding of legal frameworks, we hope to support technology professionals in creating innovative, compliant, and socially conscious technological advancements. Join us in our mission to reshape the way legal professionals and technology experts understand and interact with each other in a rapidly changing technical and legal landscape. Together, they will mitigate risk better, ensure compliance, and actively shape the future of technology and its accompanying laws.

LAW & FORENSICS LLC – FOUNDER; JAMS – NEUTRAL; HARVARD – ADJUNCT;
Danie Garrie, Esq., is the Co-Founder of Law & Forensics LLC, where he heads the Computer Forensics and digital discovery Cybersecurity teams. Daniel has been a dominant voice in the computer forensics and cybersecurity space for the past 20 years, as an attorney and technologist. He is an adjunct professor at Harvard for Computer Forensics, and prior to Law & Forensics, he successfully built and sold several technology start-up companies. Since co-founding Law & Forensics LLC in 2008, Daniel has built it into one of the leading boutique firms specializing in cybersecurity and forensic engineering. He is a mediator, arbitrator, and e-discovery special master for JAMS and is a partner and head of Cybersecurity practice at Zeichner, Ellman & Krause LLP. Daniel earned both a Bachelor’s and a Master’s degree in computer science from Brandeis University, as well as a J.D. from Rutgers Law School. Daniel has led cyber and forensic teams in some of the most visible and sensitive incidents in the United States. He and his team have worked globally for two of the top five banks and dozens of the largest private and public companies in the world. In addition, Daniel has been awarded several patents for advanced cybersecurity and forensic platforms he built with his team, including TableTop.AI, CustodyTrack.IO, and Forensic Scan. Daniel is also well-published in the cybersecurity space and has authored more than 200 articles and books. His work is cited by Black’s Law Dictionary 10th Ed. defining the terms 'software', 'internet', and 'algorithm'. Lastly, he has been recognized by several United States Supreme Court Justices for his legal scholarship and is a trusted source and thought leader for cybersecurity articles and opinions, cited over 500 times to date.

Stubbs Alderton & Markiles, LLP – Partner
Michael brings decades of experience in successfully handling disputes and litigation in an extraordinarily diverse array of industries and businesses. His peers in the legal community describe Michael as the consummate trial lawyer, and he approaches every trial as an opportunity to tell his client’s story in order to win. In an era of “specialization” in the legal profession, Michael has been fortunate to maintain a trial, litigation, and dispute practice that emphasizes achieving great results for clients in areas as varied as real estate acquisition and development, intellectual property/technology, energy, pharmaceuticals/drug development, securities, healthcare, environmental, consumer products, finance, apparel, and others. Michael excels at guiding clients through the perilous waters of disputes and conflicts in virtually any type of business dispute, and in being expertly skilled in helping clients achieve great results in settlement all the way through trial, if required. Michael founded the firm’s Litigation Practice in 2014 and chairs that practice. Earlier in his career, following graduation with honors from Columbia College and thereafter from the University of California, Berkeley School of Law (Boalt Hall), he was blessed with extensive on-the-job training from several of the nation’s leading trial lawyers, with multiple opportunities to hone his litigation and trial skills. His creativity, persistence, and work ethic led him to partnership at a leading Los Angeles litigation boutique at a young age and subsequently to a prominent partnership position at an international Am Law 100 law firm. Michael has been recognized as a leading trial lawyer by his peers and regularly featured in the press for some of his significant victories on behalf of clients. He is a past president of the Los Angeles Chapter of the Association of Business Trial Lawyers. Michael’s trial skills and courtroom success resulted in his being named to the “Top 100 Lawyers” in California list, published by the Daily Journal newspaper chain. For years he has consistently been named to “Best Lawyers in America” and “Super Lawyers”.

Research Professor at the University of Waterloo and Principal at Maura Grossman Law
Maura R. Grossman, J.D., Ph.D., is a Research Professor in the David R. Cheriton School of Computer Science at the University of Waterloo, an Adjunct Professor at Osgoode Hall Law School of York University, and an affiliate faculty member at the Vector Institute of Artificial Intelligence, all in Ontario, Canada. She also is Principal at Maura Grossman Law, an eDiscovery law and consulting firm in Buffalo, New York. Maura is most well known for her scholarly work on technology-assisted review (“TAR”), which has been widely cited in the case law, both in the U.S. and abroad. She is also known for her appointments as a special master and/or as an expert in multiple, high-profile federal and state court cases. In addition to her J.D. from the Georgetown University Law Center, Maura also holds M.A. and Ph.D. degrees in Psychology from the Derner Institute of Adelphi University.

JAMS – Arbitrator, Mediator, Special Master/Referee, JAMS
Hon. Randa M. Trapp (Ret.) joined JAMS after serving 18 years on the San Diego Superior Court, including 10 years in the civil division where she presided over all aspects of civil litigation. Judge Trapp was elected to serve two terms on the court’s Executive Committee and was elevated to assistant supervising judge and then supervising judge of the Civil Division. She has presided over more than 100 civil jury trials. During her tenure as supervising judge and as chair of the court's ADR Committee, Judge Trapp reinstated the Settlement Days program in 2019. During her time on the bench, Judge Trapp presided over discovery disputes, pretrial rulings, trials and settlement conferences. Her experience with complex civil cases includes business, commercial, employment, California Private Attorneys General Act, wage and hour, construction defect, personal injury, traumatic brain injury, medical malpractice, professional malpractice and trade secret matters. Prior to her appointment to the bench, Judge Trapp’s practice focused on construction defect and business litigation with a mid-sized firm, and she was also in-house counsel for a Fortune 100 energy company, where she was appointed assistant corporate secretary for the company’s regulated utilities. In her capacity as in-house counsel, she handled corporate governance issues, negotiated franchise agreements with local municipalities and managed multi-million-dollar personal injury and wrongful death cases stemming from a nuclear radiation leak.