Master the art of litigation holds and ensure defensible eDiscovery practices.
Electronically stored information (ESI) has changed significantly. Once almost exclusively digitized paper records and emails, the variety of ESI types has exploded. Similarly, the locations where ESI is stored are more numerous than ever, including mobile, cloud, and IoT. The result is a complex effort to find and collect relevant discoverable information in whatever location or format it is stored. This presentation covers these technical topics from the perspective of the legal practitioner, highlighting the key factors to consider when targeting the identification and preservation of all relevant information.
Many take for granted that their litigation hold notices and protocols are sufficient even if they were created years ago and only updated by adding another type of ESI. Litigation hold strategies and practices must be reviewed and modernized to address how to preserve, collect, and produce – and to do so in an efficient way in a world of ever-increasing "disappearing" messaging and video conferencing. Failing to be nimble or thorough threatens litigation success, increases the risk of sanctions and judicial scorn, and can mar an otherwise stellar legal practice reputation.
This webinar will offer best practices for drafting clear, up-to-date, effective litigation hold notices to the client's employees, related entities, and third parties; writing compelling responses to demand letters from adversaries; and implementing an efficient preservation and collection process. Watch as this experienced practitioner/technologist discusses not only best law and tech practices for bringing the litigation hold process up to date to cover new and emerging media and platforms but also proven strategies for the preservation and collection of these data sources.
Owner, Founder, President and "Oracle of Data" at a law firm dedicated to electronic information advice
Robert D. Brownstone, Esq. After reaching his 20th anniversary as a lawyer and technologist at a prominent Silicon Valley law firm in 2000, Robert launched his own law firm and a tech consulting company. Most of his work entails advising and/or training organizations on: records retention/destruction policies and protocols; electronic discovery; data privacy; cybersecurity; data breach incident response, eWorkplace policies, protocols and training; and social-media rewards and risks. A nationally recognized resource on electronic information, he has authored over 100 articles and been cited in at least 100 law review articles. In addition, he has been featured or quoted more than 180 times in various legal publications and major mainstream media outlets. Robert has delivered over 500 presentations on a wide range of topics and also taught, and been an administrator, at multiple law schools all around the country. Robert is a member of the State Bars of California and New York and is a past Chair of the executive committee of the State Bar of California’s Law Practice Management and Technology (LPMT) Section. He has taught more than 10 eDiscovery Law & Process classes at four law schools nationwide. Robert received his J.D., magna cum laude, from Brooklyn Law School and his B.A., English Literature and Political Science, from Swarthmore College. His full bio and extensive CV – the latter with hundreds of linked resources – are available at https://www.oracleofdata.com and https://www.robertbrownstone.com .
