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Programs in E-Discovery



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Lawyer Use of Social Media: Latest Developments in Ethics Guidelines and Practical Advice

Program Number: 2649 Presenter: Steven C. Bennett, Esq., Park Jensen Bennett LLP

Steve Bennett, Park Jensen Bennett LLP, covers the latest ethical issues and authorities in a lawyer’s use of social media, including: advertising/endorsements; unauthorized practice of law; client/witness contacts via social media; and discovery of social media. Ethics authorities covered include ABA Model Rules 1.1 (competence); 1.8 (conflicts); 5.5 (jurisdiction limits); 7.3 (solicitation); and 7.4 (specialization), as well as Social Media Guidelines of NYSBA Commercial and Federal Litigation Section (2015).

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The Federal Rules of Civil Procedure a Year Later: The Latest Decisions and Other Developments

Program Number: 2644 Presenter: Ashley Heintz, Carmen G. McLean, Esq.

Join Carmen McLean and Ashley Heintz of Jones Day as they discuss the impacts of the Federal Rules of Civil Procedure that took effect on December 1, 2015 on discovery strategies and synthesize the courts’ applications and interpretations of the new rules over the course of the year. Topics include: • what you need to consider in requesting or opposing discovery in light of Rule 26(b)’s new proportionality factors; • whether you are being specific enough in your objections and responses to requests for production under new Rule 34(b); and • what you need to know, and what courts are focusing on, in addressing spoliation under new Rule 37(e).

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Taking and Defending the Corporate Deposition under Rule 30(b)(6)

Program Number: 2634 Presenter: Michael H. Ginsberg, Esq., Thomas Jackson, Esq. - Of Counsel, Jones Day

Depositions of corporate representatives present unique issues for both the taking and the defending attorney. Join Jones Day partners Tom Jackson and Mike Ginsberg as they focus on those unique issues, with particular emphasis on Federal Rule of Civil Procedure 30(b)(6). Topics include preparing and responding to the notice of deposition, selecting and preparing the witness, the conduct of the deposition, and post deposition procedures to address issues that arise during the course of the deposition.

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Recent Amendments to the Federal Rules of Civil Procedure: What Has Changed and How Courts Are Interpreting the New Rules

Program Number: 2630 Presenter: Thomas Jackson, Esq. - Of Counsel, Jones Day, Mark W. Rasmussen, Esq., Evan P. Singer, Esq.

Join our presenters for this important discussion on the amendments to the Federal Rules of Civil Procedure that took effect on December 1, 2015; the recent decisions by the Courts that have interpreted the new rules; and how the new rules are affecting litigation strategies.

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Ethical Issues in the Negotiation and Settlement of Disputes

Program Number: 2566 Presenter: Steven C. Bennett, Esq., Park Jensen Bennett LLP

For lawyers engaged in negotiating and settling legal disputes, there can be significant ethical pitfalls. Steve Bennett, Park Jensen Bennett LLP, discusses the ethical issues to consider, including: • Who is the client? • Who has authority to settle? • Puffery and withholding of information • Bad faith and “re-trading the deal” Ethics authorities covered include ABA Model Rules 2.3 (duty of fair dealing); 2.4 (disclosure of settlement information); and 3.1-3.2 (client control over settlement). Note: Attorneys taking this program may also wish to take the presenter’s October 1, 2015 program entitled Negotiating and Drafting Settlement Agreements in Business Disputes: A Guide for Lawyers and Litigators; 2565-Negotiating and Drafting Settlement Agreements in Business Disputes: A Guide for Lawyers and Litigators


Ethical Considerations in E-Discovery for Corporate Attorneys and Litigators-2015

Program Number: 2539 Presenter: Irene Savanis Fiorentinos, Esq., Joshua Fuchs, Esq.

Join Irene Fiorentinos and Josh Fuchs of Jones Day as they address how to implement ethical and competent solutions for the scope and cost challenges surrounding electronic document retention, preservation and production. The program suggests approaches for establishing reasonable steps in preservation under the anticipated amendment of Federal Rule of Civil Procedure 37(e) while incorporating proportionality principles; provides an update on competent selection and use of computer analytics technology by litigators; and further discusses ABA Model Rules of Professional Conduct 1.1, 3.2 and 3.4 and ethical opinions interpreting these rules, as well as case law relating to Federal Rules of Civil Procedure 1, 16, 26 and 37.

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E-Discovery-2015: Recent Decisions and Practical Implications for All Attorneys

Program Number: 2538 Presenter: Carmen G. McLean, Esq.

Join Carmen McLean, a partner at Jones Day, as she discusses the impacts of recent e-discovery decisions. Topics include: • what you need to know about recent e-discovery decisions • whether you should adjust your strategies related to litigation holds or predictive coding • what you can learn about producing from social media and when to request cost shifting • whether there is additional authority in support of decisions that would reduce costs

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