Presented a webinar for Lawline: Electronic Discovery – Avoiding Disaster (Part 1 and 2)

E-Discovery is quickly becoming the most expensive and important part of any litigation. Unnecessary expenses can be avoided, however, with a proper protocol in place for e-discovery. This pro-active approach would substantially cut e-discovery costs in instances where litigation arises or even where litigation is threatened and a litigation hold must be placed. Today, because the Federal and state judges are becoming increasingly familiar with e-discovery rules and practices, non-compliance with the rules can be devastating in a case because the penalties include, among others, monetary sanctions, adverse inferences or even dismissal. This program assists attorneys in keeping up-to-date on the latest e-discovery topics and trends by reviewing the rules surrounding e-discovery, recent case law in the area, and the standardized process for managing electronic discovery known as the Electronic Discovery Reference Model (EDRM).

Overall Learning Objectives

1. Understand Electronically Stored Information (ESI) and the Zubulake case
2. Know the current Federal and New York State rules
3. Grasp the EDRM diagram and the various stages of the e-discovery process

Part 1: Introduction to E-Discovery

In the first of the three-part program, Cynthia A. Augello introduces participants to the ever-evolving field of e-discovery. This program provides a foundation for attorneys litigating in today’s world by providing an overview of the seminal line of e-discovery cases known as Zubulake v. UBS Warburg LLC, which essentially created today’s current standards for an attorney and his or her clients’ e-discovery obligations, the importance of following the e-discovery rules, and the potential consequences of not following these rules.

Part 2: The Federal and New York State Rules

Sometimes the e-discovery rules can be a bit tricky, especially where courts have not had a chance to interpret or analyze them. In the second part of this three-part program, Cynthia A. Augello, a senior associate at Cullen and Dykman, provides an introduction and summary of each of the rules governing e-discovery. Understanding what the rules are and how courts are currently applying them is imperative to any litigator practicing in the twenty-first century. This program focuses on the basic skills required for navigating those rules, and the potential consequences of failing to properly follow them.