E-Discovery: Changing the Litigation Paradigm

Seeking, locating, and securing electronically stored data is a time-consuming process that can substantially increase the expense of a trial. This full-day seminar offers a detailed and practical discussion on how electronically stored information and e-discovery are changing the practice of law. Topics include small case strategies for e-discovery, understanding metadata, motions involving electronically stored data, using electronically stored information at trial, and much more! Civil practice attorneys attending this seminar will gain a better understanding of:

• How to make discovery affordable;
• The rules of discovery as they pertain to electronically stored information;
• How the Seventh Circuit Electronic Pilot Discovery Program might lessen the financial burden of the e-discovery process;
• The inadvertent disclosure of confidential client information and attorney-client privilege waivers;
• How to effectively search and obtain information contained in social media sources;
• How to recognize the e-discovery issues that may arise both before and during a trial;
• How to lay the foundation for the introduction of electronically stored information at trial; and
• The ethical issues and concerns that attorneys need to be aware of when dealing with e-discovery.

Program Coordinator/Moderator:
Robert H. Hanaford, Law Offices of Robert H. Hanaford, LLC, Chicago

Agenda

8:50 – 9:00 a.m.  Introduction

9:00 – 9:45 a.m.  Small Case Strategies for e-Discovery*
“Small case” is a relative term in e-discovery since the expense of collecting and reviewing electronically stored information (ESI) can be quite significant and time-consuming. Learn how to make discovery affordable, including searching for emails and other documents.
Todd H. Flaming, KrausFlaming, LLC, Chicago

9:45 – 10:30 a.m.  Understanding Metadata and Rules of Discovery Pertaining to Electronically Stored Information*
In simple terms, metadata is data about data. The importance of metadata is being able to determine when a document was created, if it was altered, who the author is, and other data features. Gain a better understanding of metadata and the rules of discovery pertaining to electronically stored information with this informative presentation.
J. Matthew Pfeiffer, Pfeiffer Law Offices, P.C., Naperville

10:30 – 10:45 a.m.  Break (beverages provided)

10:45 – 11:15 a.m.  Seventh Circuit Electronic Pilot Discovery Program*
The Seventh Circuit Electronic Pilot Discovery Program was developed for the purpose of reforming the pretrial discovery process, which would lessen the burden and cost often imposed by the discovery process. Join us as Hon. James F. Holderman, Chief Judge for the U.S. District Court for the Northern District of Illinois, examines the Pilot Program from his unique vantage point as the program’s co-chair.
Hon. James F. Holderman, Chief Judge, U.S. District Court for the Northern District of Illinois, Chicago

11:15 a.m. – 12:00 p.m.  Motions involving Electronically Stored Data*
Discovery involved in producing electronically stored data can be incredibly time-consuming and expensive. This session addresses topics such as cost of production allocation, inadvertent disclosure of confidential client information, and attorney-client privilege waivers.
George S. Bellas, Bellas & Wachowski, Park Ridge

12:00 – 1:00 p.m.  Lunch (on your own)

1:00 – 1:45 p.m.  A View from the Bench: e-Discovery Issues*
This comprehensive overview offers a judicial perspective on e-discovery issues during pre-trial and at trial, including mediating e-discovery disputes.
Hon. Allen S. Goldberg, Circuit Court of Cook County, Chicago
Hon. Sanjay T. Tailor, Circuit Court of Cook County, Chicago

1:45 – 2:30 p.m.  Social Media*
Get the tips and advice you need to effectively search and obtain information contained in social media sources!
Tiffany M. Ferguson, Pugh Jones & Johnson PC, Chicago

2:30 – 2:45 p.m.  Break (refreshments provided)

2:45 – 3:30 p.m.  Using Electronically Stored Information at Trial: Introducing ESI into Evidence and Ethical Issues*
This segment discusses such topics as laying the foundation for the introduction of electronically stored information at trial and what constitutes “the original” for use at trial. Ethical considerations are also discussed, including the duty to retain electronically stored information.
Timothy J. Chorvat, Jenner & Block, Chicago 

3:30 – 4:00 p.m.  Recent Trends in Attorney Disciplinary Law*
In this presentation, the speaker examines recent trends in attorney disciplinary law, as well as important issues before the Attorney Registration and Disciplinary Commission.
James Grogan, Attorney Registration and Disciplinary Commission, Chicago
 

*Professional Responsibility MCLE credit subject to approval