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Litigating with Electronic Information in Civil Cases (Part 2)

Streams live on Tuesday, February 09, 2021 at 03:00pm EST

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Course Information

Time 90 Minutes
Difficulty Intermediate

Course Description

Electronic information is now a common feature throughout civil litigation. In order to competently litigate in federal and state courts, attorneys should understand the waiver of attorney-client privilege and work product in electronic information, the imposition of sanctions for the loss of that information, and the admissibility of electronic information.

This second of two programs, taught by Ronald Hedges and Kelly Lankford of Dentons US, is essential for civil litigators in state or federal court. 


Learning Objectives: 
  1. Avoid waiver of attorney-client privilege and work-product protection when using electronic information
  2. Recognize when sanctions for loss of electronic information might be imposed and the nature of those sanctions
  3. Get electronic information admitted into evidence



Credit Information

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Faculty

Ronald Hedges

Dentons

Ronald is a member of Dentons' Litigation and Dispute Resolution practice group. He has an extensive experience in e-discovery and in management of complex litigation and has served as a special master, arbitrator and mediator. He also consults on management and discovery of electronically stored information ("ESI"). 

Ron Hedges was a United States Magistrate Judge in the United States District Court for the District of New Jersey from 1986 to 2007. While a magistrate judge, he was the Compliance Judge for the Court Mediation Program, a member of the Lawyers Advisory Committee, and both a member of, and reporter for, the Civil Justice Reform Act Advisory Committee. From 2001 to 2005 he was a member of the Advisory Group of Magistrate Judges. 

Ron was an adjunct professor at Seton Hall University School, where he taught mediation skills. He was an adjunct professor at Georgetown University Law Center and remains an adjunct professor at Rutgers School of Law— Newark. He taught courses on electronic discovery and evidence at both these schools. Ron was a Fellow at the Center for Information Technology of Princeton University for 2010-11 and 2011-12. He is also a member of the College of the State Bar of Texas.



Kelly Lloyd Lankford is a member of Dentons' Litigation and Dispute Resolution practice and the firm's Insurance sector group. 

Kelly counsels and represents clients in an array of complex commercial disputes, including insurer-side coverage litigations and arbitrations. Kelly's insurance coverage practice includes representing insurers in matters including reinsurance arbitrations, complex insurance coverage litigations and corporate litigation matters, and defending brokers in professional liability actions. In the complex commercial litigation space, Kelly has successfully represented clients, including international financial and pharmaceutical entities, in an array of disputes including consumer fraud actions, securities litigations and breach-of-contract actions.

One of the most rewarding aspects of Kelly's practice is her pro bono work. She has represented survivors of human trafficking in proceedings to have their convictions vacated  and advocated for the rights of foster children in an amicus brief to the Supreme Court of New Jersey. 

Experience

  • Confidential client: Recovering multi-faceted damages for a global pharmaceutical company, including lost product value, lost business opportunity and incident response costs, in connection with a facility-wide contamination event.
  • Confidential client: Drafting a successful summary judgment motion and supporting briefs for a nationally recognized non-profit organization, resulting in a settlement that far-exceeded client's expectations.
  • Confidential client: Favorably resolving a breach of contract and bad faith action on behalf of the policyholder, a county college.
  • Confidential client: Representing a closely held family business in an action against former business partners alleging theft of trade secrets and other proprietary information.
  • Confidential client: Representing a national home builder in a large litigation involving its proposed purchase of 1,250 acres of land in Prince George’s County, MD.
  • Confidential client: Pursuing complex capital markets cases on behalf of international investors involving securitization and structured products, credit default swaps, interest rate swaps and other investment vehicles relating to residential mortgage-backed securities (RMBS).

    Recognition

    • New Jersey Law Journal, 2020 New Jersey Legal Awards: Professional Excellence, Recognized as a New Leader of the Bar   
    • SuperLawyers, 2014-2019, Recognized as a Rising Star in Business and Insurance Litigation
    • Raymond del Turo Constitutional Law Scholar
    • Seton Hall University School of Law, Distinguished Scholar Award

    Insights

    • "The Governing Law Selected Could Void an Insurance Contract’s Arbitration Provision," DRI, In-House Defense Quarterly, Summer 2019 (co-author) 
    • "Be Careful What You Ask For -- Where The Selection of Governing Law Could Void a Contract's Arbitration Provisions," ARIAS Spring 2019 Conference  
    • "Dishing Up Directors & Officers Insurance Coverage for Foodborne Illnesses, Bloomberg BNA, April 2015 (co-author)
    • "What to Do When Your Data Goes Viral: Pursuing Insurance Coverage for Data Breaches," Insurance Coverage Law Bulletin, January 10, 2015 (co-author)
    • "When Your Data Goes Viral: Insurance Coverage for Data Breaches," Metropolitan Corporate Counsel, January 25, 2015 (co-author)
    • "Pre- Litigation Issues," The New Appleman's on Insurance, December 2014 (contributing author)
    • "Additional Insured Troubles Loom on the (Deepwater) Horizon," Business Insurance, July 25, 2014 (co-author)
    • "Circuits Still Split Over Enviro Fines in Bankruptcy," Law360 Expert Analysis, March 7, 2014 (co-author)
    • "Mixed Blessing for Policyholders in Construction Defect Litigation," New Jersey Law Journal, October 9, 2013 (co-author)
    • "Insurance Coverage in Employment Litigation," Law360, August 2, 2011 (co-author)
    • "Addressing Insurance Broker Compensation Disclosure," New York Law Journal, March 17, 2011 (co-author)
    • "Unpaid Summer Internships A Boon to the Bottom Line or a Complication for the Company," Metropolitan Corporate Counsel, July 2010 (co-author)
    • "Residential Mortgage-Backed Securities Litigation: 2010 Survey," Capital Markets Litigation Alert, February 2011 (contributing author)

    Activities and Affiliations

    • Member, New Jersey Women Lawyer's Association
    • Member, Seton Hall University School of Law, National Alumni Council
    • Editor, Cybersecurity Law & Strategy
    • Barrister, Brennan Vanderbilt Inn of Court 
    • Chairwoman of Generation Now Committee and Spotlighted Volunteer, Volunteer Lawyers for Justice

    Community Involvement and Pro Bono

    • Kelly has provided pro bono representation to victims of human trafficking in proceedings to have their convictions vacated and expunged. She also worked in conjunction with Human Rights First to obtain political asylum for two Syrian refugees and their families.

    Prior and Present Employment

    • McCarter & English, LLP, 2014-17
    • Lowenstein Sandler, 2009-14
    • Alan V. Lowenstein Fellowship, Essex Newark Legal Services, 2012  

    Education

    Seton Hall University School of Law, 2009, JD, summa cum laude

    Ramapo College of New Jersey, 2006, BA, Communications, magna cum laude,

    Admissions and Qualifications

    New York

    New Jersey

    US Court of Appeals for the Second Circuit

    US District Court for the District of New Jersey




    Sean Antone Hunt

    The Hunt Law Firm

    A native of Memphis, Tennessee, Sean Antone Hunt is a graduate of Vanderbilt University School of Law  and also holds a Bachelor of Science in Civil Engineering from Tennessee State University. He was admitted to practice law in Tennessee in 1993, in Georgia in 1994 and in Mississippi in 2005. He practices in the areas of commercial litigation including Section 1983 Defense, Construction related  Litigation, Workers' Compensation, Premises Liability, Negligence, Products Liability and Insurance Defense. He is a member of the Memphis Bar Association where he is a former member of the Board, a former member of the executive committee, the past co-chair of the publication committee which  publishes the Memphis Lawyer magazine and the current chair of the Technology Section. He is also the immediate past chair of the Solo/Small Firm Section. He is also a member of the National Bar  Association, Ben Jones chapter, the Tennessee Bar Association, the American Bar Association, the State Bar of Georgia and the Mississippi Bar. For the Tennessee Bar Association, he is a former chair and a  past editor for the newsletter for the Construction Law Section. He is also a member/commissioner of  the Access to Justice Commission of the Tennessee Supreme Court. He recently completed his Rule 31  Mediator’s Training at Lipscomb University’s Institute for Conflict Management and is a Rule 31 Listed  Mediator with the Tennessee Supreme Court. 

    He is also active in the community and in service to the public. He was the recipient of the 2007 Pro Bono Attorney of the Year Award given by Memphis Area Legal Services and the Memphis Bar  Association. He was the recipient of the 2016 AA Latting Legal Services Award given by the Ben F Jones  Chapter of the National Bar Association and recipient of the 2016 Memphis Bar Association’s President’s  Award. He is also listed by Thomson Reuters Super Lawyers in workers’ compensation. He is a Fellow of  the Memphis Bar Foundation, a Fellow of the American Bar Foundation and a Fellow of the Tennessee  Bar Foundation. He is also a member of the board of the Memphis Area Legal Services and, currently,  the immediate past president of the board. He teaches workers’ compensation, technology, and  construction courses to both lawyers and laypersons. In the past, he has been an active member of  many different associations including the following: Chattanooga Bar Association, SL Hutchins Bar  Association, Nashville Bar Association, Napier Looby Bar Association, Harry Phillips American Inns of  Court, American Society of Civil Engineers and more. 

    He has formerly worked as a civil engineer doing bridge design for the Tennessee Department of  Transportation and as a highway engineer and bridge design engineer for the North Carolina  Department of Transportation. He was a pilot candidate in the U.S. Air Force and attended college on an U.S. Air Force scholarship. Although he was released from the U.S. Air Force before commissioning due  to a reduction in force, he continued his career path after graduation from the undergraduate school of engineering at Tennessee State University, as an engineer before seeking his law degree. During that time, he obtained his Engineer-In-Training certification which is the first step in becoming a professional  engineer and obtaining the Professional Engineer’s license. 

    He is admitted to practice before all Tennessee, Georgia and Mississippi trial and appellate courts, the  United States District Courts for the Western, Middle and Eastern Districts of Tennessee, the United  States District Court for the Northern District of Georgia, the United States District Court for the  Northern District of Mississippi, the Sixth Circuit Court of Appeals and the US Supreme Court. 

    He has practiced in nearly every part of the state of Tennessee, having started his practice in  Chattanooga and the surrounding counties and later moving to Nashville and finally to Memphis. 

    On a more personal note, he has been a volunteer basketball coach and soccer coach and is currently a  fifth and six grade Sunday school teacher for Christ the King Lutheran Church where he and his family are members of the congregation and he serves as an elder. 

    He is an avid runner and triathlete, having completed over 20 marathons, two ultra-marathons and numerous other running, swimming and biking events. He has also completed several half Ironman  triathlons and one full Ironman triathlon (2.4 mile swim, 112 mile bike and 26.2 mile run) after  competing in more than four triathlons per year over the past ten years.  

    Other than swimming, biking and running, his hobbies also include flying where he holds his private  pilot’s license with an instrument rating and is working toward his commercial pilot’s license. 

    He is a native of Memphis and a graduate of Fairley High School where he was salutatorian out of a class  of 318. During high school, he was captain of the rifle team and superior cadet three years in a row in  the Army ROTC. In his senior year, he was battalion commander of the Army ROTC unit. He’s qualified  as an expert with both the smallbore rifle and the Air Force M 15 handgun. In the past, he has studied  martial arts including three styles of karate (Tae Kwon Do, Nisei Goju Ryu & San Shin Kai) and two styles  of kung fu (Wing Chung & Gong Fu). 

    He is also a self-taught programmer learning machine language, C+, basic and Visual Basic and  previously programming in all of the above. 

    He and his family continue to live life to the fullest utilizing the blessings that God gave them. They all live within the blessings that God has provided and believe that God wants us to live life fully and  blessedly within His family. As a result, Sean has adopted the motto that “Life is not a journey to the  grave with the thought of arriving in a well pressed body; but rather to skid in sideways, thoroughly  used up and loudly proclaiming ‘WOW! What a ride!’"