Sedona Provides Updated, Practical Guidance for Legal Holds (June 18, 2019)

Program Number: 2975

Program Date: 06/18/2019

Description

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Good-faith, reasonable, and proportional document preservation should be top of mind for any entity trying to satisfy its discovery obligations and mitigate the risks associated with failing to preserve potentially relevant, discoverable electronically stored information. Given the increasing volume and variety of ESI, determining what to preserve—and when to do so—is vital. This panel discussion, featuring four experienced litigators and e-discovery experts from Pepper Hamilton LLP, will use the recently announced Sedona Conference Commentary on Legal Holds, Second Edition as a starting point for a discussion of recent case law and best practices for determining when a legal hold should be imposed, the types of data to be preserved and what steps should be taken to create an effective and defensible preservation program. As they will emphasize, distributing the legal hold is typically only the first step in the process –oversight and periodic refinement are key to its effectiveness.

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Available in states

California, Colorado Eligible, Florida, Georgia, New Jersey Eligible, New York, New York - BOTH New and Experienced Attorneys, Texas Self Study

Credit Information

50 minute credit hour - 1.0 General CLE credit, based on a 50-minute credit hour
60 minute credit hour - 1.0 General CLE credit, based on a 60-minute credit hour

State Program Numbers

Credit Eligible for BOTH Experienced and New Attorneys in NY

Presenters


Donna L. Fisher, Esq.

Pepper Hamilton LLP

Donna L. Fisher is a partner in the Health Sciences Department of Pepper Hamilton LLP, resident in the Harrisburg office. She concentrates her practice in civil litigation, with an emphasis in the defense of pharmaceutical and medical device companies regarding marketed drugs, medical devices and over-the-counter drug products in product liability cases. Ms. Fisher has also practiced extensively in the commercial, energy and construction litigation fields. Ms. Fisher serves on the firm’s Paralegal Committee and Audit Letter Committee.

Ms. Fisher’s recent products liability experience includes defending a medical device company in nationwide litigation involving spinal implants and biologics, a pharmaceutical company in multi-district litigation involving prescription diabetes medicine, a pharmaceutical company in litigation involving prescription anti-depressant medication, and has managed and directed large-scale hard copy and electronic discovery in complex, multi-state litigation, including technology assisted review or predictive coding and related large volume privilege reviews. She has written and lectured on attorney-client privilege and attorney work product, technology assisted review, and social media discovery. Ms. Fisher has also litigated toxic tort cases and products liability cases involving diagnostic laboratory claims, industrial explosions and mold exposure.

Ms. Fisher’s construction law practice includes representing contractors, subcontractors and sureties in state and federal courts. She also has been involved in arbitration and mediation proceedings. Representative construction litigation matters in which she has been engaged include EIFS (synthetic stucco) and moisture intrusion litigation, mold litigation, delay and disruption disputes, change order disputes and differing site conditions disputes. Ms. Fisher has lectured on defending mold claims and on multiple construction topics.

 

Matthew J. Hamilton, Esq.

Pepper Hamilton LLP

Matthew J. Hamilton is a partner in the Health Sciences Department of Pepper Hamilton LLP. He has more than twenty-one years’ experience representing clients in complex pharmaceutical products liability and commercial litigation, with a primary emphasis on the defense of federal multidistrict litigation, coordinated state court actions, class actions and other complex matters. He serves on the firm’s Information Governance committee, is certified in legal project management and Legal Lean Sigma.

Mr. Hamilton has represented and advised clients in products liability, toxic tort, consumer fraud, breach of contract, antitrust, labor, securities, bankruptcy, warranty, personal injury and premises liability claims. He has significant experience managing, directing and coordinating complex litigation through joint-defense groups and local counsel across jurisdictions. In addition to trial and pretrial practice in state and federal courts, he is experienced in prosecuting and defending appeals in the appellate courts of Pennsylvania, federal circuit courts and the U.S. Supreme Court.

Mr. Hamilton advises clients on issues relating to electronic discovery and litigates those issues where required. He manages and directs large-scale electronic discovery in complex, multiparty litigation and consults on the development and management of case management and other databases.

Mr. Hamilton writes and speaks on matters of e-discovery, including how principles of proportionality inform relevance, the duty to preserve electronically stored information (ESI), and the imposition of sanctions for failure to do so. He also serves on several civil justice reform committees.

In his pro bono practice Mr. Hamilton serves as a Judge Pro Tempore in the Philadelphia Court of Common Pleas’ Landlord Tenant Appellate Mediation Program, and also serves at a volunteer foreclosure assistance clinic.

 

Jason Lichter, Esq.

Pepper Hamilton LLP

Jason Lichter is the director of discovery services and litigation support at Pepper Hamilton LLP. In this capacity, Mr. Lichter develops and implements strategies to ensure that the firm’s clients receive the highest quality discovery and litigation support services in a cost-effective and defensible manner. Mr. Lichter advises colleagues and clients on how to leverage the latest technologies and e-discovery best practices to efficiently guide matters from initial document preservation and collection through to production and eventual presentation at trial. An area of particular emphasis is document review, for which Mr. Lichter applies well-developed protocols and procedures in staffing, training, project and vendor management, quality control, privilege review, knowledge transfer, and increasingly statistical analysis to promote efficiency, mitigate risk, and gather metrics for use in preparing accurate budget estimates.

Mr. Lichter has counseled clients and colleagues on such varied topics as the implementation of e-discovery readiness action plans, vendor requests for proposal, defensible approaches to preservation, forensic and reasonably tailored data collections, cloud-based and structured data considerations, efficient and cost-effective document filtering and review strategies (including technology-assisted review), and quality control techniques.

Mr. Lichter’s strong technical background includes substantial computer science coursework while an undergraduate at Yale University, followed thereafter by work experience as a software engineer for Sapient, a leading technology services consultancy.

A litigator by training, Mr. Lichter has represented clients on a wide variety of complex commercial, labor and employment, and intellectual property disputes in state and federal courts and in a broad array of industries, including media, finance, insurance, maritime, hospitality, real estate, telecommunications and construction. Mr. Lichter also has achieved very favorable results for several pro bono clients. In 2009, he represented a former inmate as co-lead counsel in a week-long excessive-use-of-force trial in the Southern District of New York. Mr. Lichter obtained a complete plaintiff’s verdict and a $750,000 damages award. Mr. Lichter also argued a criminal appeal before the New York Appellate Division, obtained a favorable settlement for a film editor seeking unpaid wages and editing credit on a Sundance award-winning documentary, and recovered a domain name from a cybersquatter on behalf of Save the Children. In recognition of his dedication to providing pro bono services, Mr. Lichter received the Legal Aid Society Pro Bono Award in both 2006 and 2009 and was honored with the New York State Bar Association’s 2008 Empire State Counsel Award. While at Harvard Law School, Mr. Lichter worked at the Berkman Center for Internet & Society, where he contributed to an amicus brief addressing novel copyright issues that was submitted at the request of the court.

 

Robin E. Martin, Esq.

Pepper Hamilton LLP

Robin E. Martin is a senior attorney in the Discovery Services and Trial and Dispute Resolution Practice Groups of Pepper Hamilton LLP, resident in the Philadelphia office. Ms. Martin provides e-discovery counseling to clients and colleagues facing the ever-increasing legal and technological complexities that permeate this area of law. She utilizes established e-discovery protocols as well as her vast case experiences to ensure that Pepper’s clients receive the highest quality discovery services in a cost-effective and defensible manner.

Ms. Martin has over a decade of legal experience managing e-discovery projects, both large and small, in the context of government investigations as well as large antitrust and products liability matters. She addresses issues such as e-discovery strategy planning for litigation matters, planning for and coordinating in the collection of data, selecting vendor and review platforms, establishing best practices for document reviews (particularly as it relates to privilege) and advising on e-discovery elements of discovery requests and responses.

Before joining Pepper, Ms. Martin was a litigation liaison attorney and senior staff attorney in the litigation practice of a national law firm. Before graduating from law school, Ms. Martin spent over 10 years as a case team administrator, a background that enables her to address the numerous issues associated with large document review matters.

Ms. Martin is an active member of Women in eDiscovery and has presented on e-discovery issues at the monthly meetings. In addition, she has presented on numerous e-discovery issues at in-house and outside training sessions.

 

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