Social Media and Offensive & Defensive Strategies in E-Discovery
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Free CLE provided by The Iowa State Bar Association

When: 10/23/2013
12:00 - 2:00 PM
Where: ISBA Headquarters
625 East Court Avenue
Des Moines, Iowa  50309
United States
Contact: Christy Cronin

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This is a FREE seminar brought to you by The Iowa State Bar Association

Marc Hirschfield

Marc is a Senior Vice President of Computer Forensics and E-discovery at Morningside Translations. He is a court appointed computer forensics and E-discovery expert in Maryland and DC, and a court appointed mediator for E-discovery disputes in complex and commercial litigation for the Montgomery County Circuit Court. Marc has testified on computer forensics issues and has been appointed by various courts to collect data from opposing parties in contentious discovery disputes. Marc is an attorney with substantial knowledge of the E-discovery process and has helped attorneys formulate defensible processes through meet and confers, motion practice, hearings and testimony. Last year, Marc assisted a firm in securing a sanctions ruling against an opposing party for spoliation of evidence which is pending final disposition for over a million dollars in attorneys fees.

Lunch will be provided at this event by Morningside Translations.

12:00 - 1:00 PM
Social Media

This CLE will be centered around the "Social Media" information that major internet companies are quietly collecting about you and your clients and which can be useful in the commercial litigation context. As an example, have you ever used Google's navigation on your phone? Google stores your historical GPS information for as long as you have used the service. We will discuss how to obtain this and other surprising information about your clients online presence and whether the information can be authenticated as evidence in litigation. While you may think about Facebook, Twitter and Linkedin as the major Social Media players, the really big internet companies gathering critical data about you and your clients are Apple, Amazon, Microsoft, Yahoo, and Google.

1:00 - 2:00 PM
Offensive & Defensive Strategies in E-Discovery

Discovery in complex litigation is becoming more and more challenging as electronic data is sometimes the only source of relevant information in a case. Many State and Federal Courts Scheduling Orders require parties to provide detailed information about clients' computer and data systems at the onset of litigation including identification of computer systems, formats of production, claw back provisions and preservation strategies. Many attorneys are uncomfortable with this new Electronic version of the discovery process which has led to an explosive growth in sanctions motions throughout the Country. A recent Lexis Nexis search for "sanctions" in Maryland revealed that there are over 4000 open civil cases where attorneys and their clients are facing sanctions issues. This course is designed to prepare practitioners in the art of E-discovery practice including strategic information about conducting preservation, collection, identification, and production of electronic information in ongoing litigation. The course will enable practitioners to be involved in effective meet and confers regarding E-discovery at the earliest stages of litigation and provide a combination of legal and technical information for even the most tech averse practitioners.