California Lawyers Association  

 

Litigation Section:

 

Discovery Competence: Mobile Devices

 

 

Credit(s):	1 Participatory MCLE Credits 1 Ethics
Course Number:	LIT_4-5-17
Original Program Date:	April 4, 2017
Duration:	1 hour 2 minutes
Access:	Available for 3 months after purchase
Date:	August 20, 2018 12:00 PM - 1:02 PM (Pacific)

 

Description:

 

 Formal Opinion No. 2015-193 of the Standing Committee On Professional Responsibility and Conduct of the California State Bar (“Committee Opinion”) opines that an attorney may violate ethical duties of competence by failing to understand and perform e-discovery skills. The Committee Opinion set out a list of nine e-discovery tasks that “attorneys handling e-discovery should be able to perform (either by themselves or in association with competent counsel or expert consultants).”

 

 

The nine skills from the Committee Opinion are:

1.       Initially assess e-discovery needs and issues, if any;

2.       Implement/cause to implement appropriate ESI preservation procedures;

3.       Analyze and understand a client’s ESI systems and storage;

4.       Advise the client on available options for collection and preservation of ESI;

5.       Identify custodians of potentially relevant ESI;

6.       Engage in competent and meaningful meet and confer with opposing counsel concerning an e-discovery plan;

7.       Perform data searches;

8.       Collect responsive ESI in a manner that preserves the integrity of the ESI; and

9.       Produce responsive non-privileged ESI in a recognized and appropriate manner.

 

Performing many of these skills competently requires understanding mobile device discovery

 

Mobile devices have become globally ubiquitous, both for personal and professional use.  Increasingly, organizations need

 to consider their mobile device and application use when executing internal investigations and responding to Discovery requests.  

 

 This webinar will address the following questions counsel should ask when considering mobile devices in discovery:

•       What types of devices are within scope? 

•       What data sources from those devices are within scope? 

•       Where are the data located?

•       How can the data be collected and what are some challenges?

•       Issues that arise in cross-border matters?

•       Are corporate policies and or systems in place?

•       After collection, how is the mobile device data handled for eDiscovery review and production?

 

Faculty:

 

Kathleen McConnell  

Kathleen McConnell is senior counsel in the San Francisco office of Seyfarth Shaw LLP.  Her practice focuses on issues associated with electronic discovery, information governance, and data privacy.  She regularly assists clients by developing cost-effective strategies for the preservation, collection, review, and production of electronically stored information, including for cross-border matters.  She has also advised clients on record retention and information management.

 

Mark Michels, Moderator

 

Director, Deloitte Transactions and Business Analytics, LLP, assists clients with managing complex litigation and ediscovery matters.  Before joining Deloitte he spent 11 years at Cisco Systems where he focused on litigation management and electronic discovery.  Prior to joining Cisco, Mark was an attorney at McKenna and Cuneo where he supervised fraud subpoena responses; conducted multiple internal investigations; performed government contract, regulatory compliance reviews; and prepared responses to government investigations.  Mark is a graduate of the Georgetown University Law Center.

  

Damon Reissman 

Deloitte Advisory, is a Senior Manager in the San Francisco Deloitte Discovery practice.  He has over 15 years of experience working in Computer Forensics and Electronic Discovery, assisting clients with the management of their response to major incidents, litigation, and internal and regulatory investigations.

 

 

Contact us at (877) 880-1335

 

 Email Us