In this session from March 2011, a group of the best minds in electronic discovery gathered to discuss the impact of Pension Committee a year later. The two-hour webinar hosted by Brad Harris and former U.S. Magistrate Judge Ron Hedges looked at trends in preservation, whether new Rules updates will happen and what they might look like.  

The presentation is divided into two segments, with half the panelists participating in each session. Panelists include Craig Ball, Kevin Brady, William Butterfield, Maura Grossman, John Jablonski, Ralph Losey, Browning Marean, Jonathan Redgrave, Denise Talbert and Paul Weiner.

Following is a list of selected questions that will be addressed:

Session 1

  • How do you advise your clients today concerning differing standards and expectations when it comes to preservation of ESI?
  • What are the largest areas of disagreement among Circuits and the District Courts after Pension Committee and the other decisions?
  • What are some of the unsettled questions you see, and how do you see rules-making bodies potentially addressing those questions?
  • How is social media affecting data preservation protocols?
  • What do you do with the rogue employee?
  • How do you defend your actions as being reasonable and in good faith?

Session 2

  • What type of guidance would you expect counsel to provide their clients?
  • How does self-preservation and self-collection fit?
  • Can you comment on the topic of fairness and where Judge Scheindlin might have been going in Pension Committee? How does proportionality and cooperation fit in?
  • Who should bear the burden of establishing relevance and prejudice?
  • How do you bring proportionality into the decision regarding what to preserve?
  • Are litigation hold notices subject to discovery?
  • If Judge Scheindlin was a catalyst, where do you see these discussions heading, and how can counsel best prepare given the lack of national standards?

You can also download a copy of the Pension Committee Revisited white paper to prepare for the webinar.


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