BarbriSFCourseDetails
  • videocam On-Demand
  • card_travel Class Action and Other Litigation
  • schedule 90 minutes

E-Discovery and Spoliation Issues: Litigation Pitfalls, Duty to Preserve, and Clawback Agreements

$297.00

This course is $0 with these passes:

CLE
ALL
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Description

Every lawsuit and claim involves some electronically-stored or transmitted information. Once a claim commences, this information must be preserved and searched. Every trial lawyer must have a working knowledge of e-discovery, spoliation, and technology issues.

Although the issue of spoliation can arise outside the context of e-discovery, many materials exchanged during discovery or used as evidence in civil litigation today (such as photographs, recorded statements, police reports, medical records, videos, and the like) are stored and transmitted electronically. Changes and advances in technology have made spoliation law a hot topic.

This seminar will cover several cases from around the country, and discuss recent developments in e-discovery and spoliation law. Results range from no sanctions to striking defenses for failing to preserve evidence--even if that evidence is in the immediate control of a non-party. Although courts come to different conclusions, one thing remains certain: courts have little or no patience with attorneys who are not familiar with technology, e-discovery, and spoliation issues.

Listen as our panel highlights how various judges have ruled on spoliation issues, and when the duty to preserve evidence arises.

Presented By

Charles Hoey
Drew Eckl & Farnham
Robert Quinn
Partner
Drew Eckl & Farnham

Mr. Quinn focuses his practice on general liability defense. He has a strong background in representing defendants ranging from large international corporations to small businesses and individuals. Mr. Quinn has handled cases involving premises liability, auto liability, transportation law, and wrongful death. He represents clients in tort and contract defense in state and federal courts and has taken and defended nearly 100 depositions, prepared expert witnesses, and handled nearly every aspect of litigated claims, including serving as first chair on jury trials and more than 50 bench trials.

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Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Thursday, October 3, 2019

  • schedule

    1:00 PM E.T.

  1. Definition of spoliation in the context of e-discovery
  2. Discussion of the "duty to preserve" and when it arises
  3. Overview of national court trends in dealing with spoliation issues
  4. How to deal with inadvertent disclosures of electronically-stored information using clawback agreements
  5. Best practices for litigators in spotting spoliation issues and seeking appropriate sanctions

The panel will review these and other relevant topics:

  • What is a "duty to preserve" and when is it triggered during litigation?
  • How to avoid spoliation problems while using spoliation as a litigation weapon
  • How can parties use clawback agreements to mitigate damage from inadvertent disclosures?
  • When and how do courts sanction parties who have destroyed or lost electronically-stored information?
  • What advice should litigators provide to their clients regarding the preservation of electronically-stored information?