Information is now routinely measured by “terabytes,” or more. Huge volumes of information, electronically created, stored, and exchanged, are presenting information governance challenges to businesses, creating pitfalls for transactional lawyers, and changing the landscape of litigation. Production and use of metadata has become routine. Courts have struggled to adapt discovery and evidentiary rules to the challenges of vast amounts of electronically stored information (ESI). New concepts, such as “not reasonably accessible because of undue burden and expense” and “proportionality,” have been introduced. These challenges continue to grow as technology changes. In fact, the Federal Rules of Civil Procedure were amended in December 2015, in part to address ESI issues. This course will bring students to the cutting edge on several fronts: how to manage ESI before litigation is anticipated; how that changes once litigation is anticipated; how to search and exchange ESI during discovery; how to protect against waiver of privileges; and, how to use ESI in deposition and trial. Students will be exposed to software solutions, analyze the leading cases, and existing rules, and prepare drafting assignments. The final exercise will be a mock Rule 26(f) “conference of the parties” to negotiate an ESI plan based on a complex, but realistic, factual situation. Writing done for this seminar will not satisfy the Advanced Writing Requirement. P/C: Civil Procedure and Evidence. Evidence will be waived on request.
Current & Previous Instructors:
|This course is not currently scheduled.|
Last offered Fall 2016.