eDiscovery: Trends and TAR

eDiscovery is on the rise. In 2015 and so far in 2016, we’ve seen an uptick in data breaches and cybersecurity threats. With the Internet of Things and the information flooding in the cloud and on the Internet, there’s an increasing risk for corporate organizations. To address this, organizations and lawyers have to proactively learn and prepare for eDiscovery and its evolving use of technology.

Being prepared is an iterative process. To that end, this program examines how to classify information for retention and destruction purposes for eDiscovery under the umbrella of an information governance strategy. It will introduce and review all of the current eDiscovery software, the underlying technology and how to get free “Open Source” eDiscovery collection, review and predictive coding software.

Attorneys will learn how to issue discovery requests before the parties’ FRCP Rule 26(f) “meet and confer” conference and how to avoid FRCP Rule 37(e) sanctions. Moreover, attorneys will understand the key concept of FRCP Rule 26(b) on “proportionality," i.e., that the information sought during discovery is “proportional to the needs of the case.” Finally, there will be a discussion on present trends and the future of eDiscovery from the vantage point of the new FRCP rules (effective this past December 2015) and evolving technology as well as some additional tips, techniques and guidelines for practitioners.

Learning Objectives:

I.     Identify current eDiscovery procedure and tools 

II.    Grasp relevant federal laws, especially revised FRCP 

III.   Comprehend current status and case law on eDiscovery: Technology Assisted Review (TAR)

IV.   Gain practical guidance on the use of eDiscovery tools and techniques for all practitioners small and large