ALI-ABA Topical Courses Fundamentals of Electronic Information in Litigation for Any Lawyer: Discovery, Admissibility, and Ethics April 14, 2010 Live VIdeo Webcast PROGRAM FACULTY PARTICIPANTS FACULTY BIOGRAPHIES STUDY MATERIALS TABLE OF CONTENTS 1. Fundamentals of Electronic Information in Civil Litigation for Any Lawyer: Discovery, Admissibility and Ethics ~ A Summary Outline By Ronald J. Hedges 2. Slides ~ Fundamentals of Electronic Information in Civil Litigation for Any Lawyer: Discovery, Admissibility and Ethics By Ronald J. Hedges 3. Ethical Issues for Attorneys in E-Discovery By Maura R. Grossman, Ronald J. Hedges, and Jeane A. Thomas 4. State E-Discovery Rulemaking after the 2006 Federal Amendments: An Update By Thomas Y. Allman 5. Admissibility of Electronic Evidence ~ PowerPoint Presentation By Kevin F. Brady and The Hon. Paul W. Grimm 6. Order Declining to Impose Sanctions: Qualcomm v. Broadcom (April 2, 2010) Page ix 7. Citations to "Pennsylvania Ethics Opinions" 85 8. Citation to " Rimkus v. Commarata: Zubulake Revisited Again" 87 xi xiii 1 11 41 47 65 71 vii
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PROGRAM SCHEDULE April 14, 2010 Program Schedule Eastern Central Mountain Pacific & Arizona Alaska Hawaii National Teleseminar/Webcast 12:30 pm 11:30 am 10:30 am 9:30 am 8:30 am 6:30 am Adjournment 2:40 pm 1:40 pm 12:40 pm 11:40 am 10:40 am 8:40 am Why Attend? Just as the volume and location of electronic information seems to be expanding exponentially, so is the case law addressing the obligations of parties and nonparties to preserve and produce that information and to protect attorney-client privilege, work product, and confidentiality in doing so. Moreover, you must consider the admissibility of electronic information as well as your ethical obligations when engaging in electronic discovery. This 2-hour video webcast explores all of these topics and, in doing so, offers a concise review of the applicable Federal Rules of Civil Procedure, Federal Rule of Evidence 502, and new decisions interpreting these rules and other principles. What You Will Learn How the Federal Rules of Civil Procedure address electronic discovery What the states are doing about electronic discovery How Federal Rule of Evidence 502 addresses privilege What should lawyers be thinking about when they want electronic information admitted into evidence What ethical issues can be presented by electronic discovery (Note: This seminar does not address ethics to the length required for MCLE ethics credit.) All times eastern daylight Program runs 12:30 pm 2:40 pm (includes a 10 minute break) Total 60-minute hours of instruction: 2.0; Total 50-minute hours: 2.4 Suggested Prerequisite: Limited experience in electronic storage of information (ESI); some experience in discovery and evidence and litigation. Also suitable for advanced level litigators who want to learn fundamentals of ESI. Educational Objective: Acquisition of knowledge and skills to develop proficiency as a practitioner; maintenance of professional competence as a practitioner; provision of information on recent legal developments. Level of Instruction: Beginner to Intermediate. ix
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ALI-ABA Topical Courses Fundamentals of Electronic Information in Litigation for Any Lawyer: Discovery, Admissibility and Ethics Wednesday, April 14, 2010 Live Video Webcast PLANNING CHAIR AND MODERATOR Ronald J. Hedges Ronald J. Hedges LLC 484 Washington Ave Hackensack, NJ 07601-6513 xi
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FACULTY BIOGRAPHY Ronald J. Hedges, Ronald J. Hedges LLC Hackensack, New Jersey Ronald J. Hedges is the principal of Ronald J. Hedges LLC. He has extensive experience in e-discovery and in management of complex civil litigation. Mr. Hedges serves as a special master, arbitrator, mediator and consults on e-discovery and records management. He served from 1986 to 2007 as a United States Magistrate Judge in the United States District Court for the District of New Jersey, where he was the Compliance Judge for the Court Mediation Program and both a member 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. Mr. Hedges has been an adjunct professor at Seton Hall University School of Law (1993-2007) and at Georgetown University Law Center (2006-present). He co-chaired the Planning Committee of Georgetown University Law Center's Advanced E-Discovery Institute in November 2008 and serves on the planning committees of the Institute, the Corporate Counsel Institute, and the E-Discovery Academy. Publications Include: Discovery of Electronically Stored Information: Surveying the Legal Landscape (BNA: 2007); Managing Discovery of Electronic Information: A Pocket Guide for Judges (FJC: 2007) (co-author); Virtual Jurisdiction: Does International Shoe Fit in the Age of the Internet? Digital Discovery & e-evidence (co-author) (Feb. 2009); The Top 10 E- Discovery Decisions? Digital Discovery & e-evidence (Jan. 2009); E-Discovery in Healthcare and Pharmaceutical Litigation: What s Ahead for ESI, PHI and EHR, The Sedona Conference Journal 167 (fall 2008) (co-author); Access or Confidentiality: The Sunshine in Litigation Act of 2008, LexisNexis Expert Commentaries (May 2008); Hedges on Proposed Rule of Evidence 502, LexisNexis Expert Commentaries (March 2008); The Sedona Guidelines: Best Practices Addressing Protective Orders, Confidentiality & Public Access in Civil Cases, The Sedona Conference Journal 189 (fall 2007) (co-author); Juries and Punitive Damage Awards, BNA Metropolitan Corporate Counsel 48 (Nov. 2006); A View from the Bench and the Trenches: A xiii
Critical Appraisal of Some Proposed Amendments to the Federal Rules of Civil Procedure, 227 F.R.D. 123 (2005); Proposed Rule 37(f); Safe Harbor or Uncharted Minefield? Digital Discovery & e-evidence (July 2005); A Critical Appraisal of Proposed Amendment to Federal Rule of Civil Procedure 26(b)(5)(B); Digital Discovery & e-evidence (March 2005); Striving for Judicial Balance During the War on Terrorism, New Jersey Reporter (Dec. 2002 Jan. 2003). Memberships Include: American Law Institute; American Bar Association; Federal Bar Association; Board of Directors of the Historical Society and Lawyers Advisory Committee of the United States District Court for the District of New Jersey; The Sedona Conference Advisory Board; The Sedona Conference Working Group on Protective Orders, Confidentiality, and Public Access and Working Group on Best Practices for Electronic Document Retention & Production; Law Alumni Board of Georgetown University Law Center; Chair of The Advisory Board of Digital Discovery and e- Evidence; member of ARMA Records Destruction Task Force. xiv