E-Thics: Lawyer's Guide to Navigating eDiscovery Ethics

Overview of E-Thics: Lawyer's Guide to Navigating eDiscovery Ethics

As the volume of electronically stored information in litigation surges, eDiscovery has become a major driver of cost and a source of ethical risk. This seminar explains what eDiscovery is and why it matters, common ethical issues and mistakes attorneys make in the courtroom, the ethical responsibilities of handling ESI (including candor and accuracy), and best practices, relevant case law, and sanctions imposed for ethical shortcomings.

What you’ll learn in E-Thics: Lawyer's Guide to Navigating eDiscovery Ethics

• Explain the eDiscovery process and its significance in litigation
• Identify common eDiscovery ethical issues and courtroom mistakes
• Apply ethical responsibilities for handling electronically stored information (ESI)
• Adopt best practices informed by relevant eDiscovery ethics case law and sanctions

Curriculum

1. 1. E-Thics: Lawyer's Guide to Navigating eDiscovery Ethics

   In this seminar, our panel of experts will initially focus on explaining the concept of eDiscovery, and its significance, supplying a few examples of its applications, and its importance. Next, they will then shed light on common ethical issues, violations, and mistakes attorneys make while in the courtroom regarding eDiscovery. Furthermore, they will discuss the ethical responsibilities of handling electronically stored information (ESI). Finally, our speakers will delve into best practices, relevant case law, and the sanctions imposed by the court for ethical shortcomings in eDiscovery. Topics covered in this webinar: Introduction to eDiscovery eDiscovery Challenges in the Courtroom Ethical Issues for ESI and eDiscovery Key Practices to adopt for eDiscovery Ethics Ethics and eDisc

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Your instructors

Daniel B. Garrie

Founder, Law & Forensics; Neutral at JAMS; Faculty at Harvard

Law & Forensics LLC · JAMS · Harvard · Rutgers Law School · Journal of Law & Cyber Warfare

Daniel B. Garrie is the founder and executive managing partner of Law & Forensics LLC, a boutique cybersecurity and forensic engineering firm he co-founded in 2008. He serves as a neutral, arbitrator, and forensic special master at JAMS, focusing on cybersecurity, cryptocurrency, and complex technology disputes, and holds faculty appointments at Harvard and Rutgers Law School. A patented software inventor and prolific author, he is editor-in-chief of the Journal of Law & Cyber Warfare and a widely cited authority on computer forensics, eDiscovery, and cyber litigation.

Maura R. Grossman

Research Professor, David R. Cheriton School of Computer Science, University of Waterloo; Principal, Maura Grossman Law

University of Waterloo · Maura Grossman Law

Maura R. Grossman is a Research Professor in the David R. Cheriton School of Computer Science at the University of Waterloo, a faculty member of the Vector Institute for Artificial Intelligence, an Adjunct Professor at Osgoode Hall Law School, and principal of Maura Grossman Law. Her work concerns the evaluation and use of AI and technology-assisted review in the law; with Gordon V. Cormack she introduced the continuous active learning protocol for technology-assisted review, work cited in cases of first impression in the United States, Ireland, the United Kingdom, and Australia. She practiced for seventeen years at Wachtell, Lipton, Rosen & Katz and is frequently appointed a special master in complex federal litigation involving advanced technologies. She holds a Ph.D. in clinical/school psychology from Adelphi University and a J.D., magna cum laude, from Georgetown. At Legal Cyber Academy, Maura R. Grossman teaches on navigating AI and its ethical challenges and on eDiscovery ethics for lawyers.

Michael Sherman

Partner, Stubbs Alderton & Markiles, LLP

Stubbs Alderton & Markiles, LLP

Michael A. Sherman is a Partner at Stubbs Alderton & Markiles, LLP, where he founded and chairs the firm's Litigation Practice. A trial lawyer with decades of experience across industries including intellectual property/technology, real estate, securities, healthcare, and finance, he has been named to the Daily Journal's 'Top 100 Lawyers' in California and repeatedly to Best Lawyers in America and Super Lawyers. A graduate of Columbia College and UC Berkeley School of Law (Boalt Hall), he speaks on e-discovery ethics and the handling of electronically stored information.

Hon. Randa Trapp

Arbitrator, Mediator, Special Master/Referee, JAMS (Ret.)

JAMS

Hon. Randa M. Trapp (Ret.) is an arbitrator, mediator, and special master/referee with JAMS. She served 18 years on the San Diego Superior Court, including 10 years in the civil division where she presided over more than 100 civil jury trials and served as supervising judge of the Civil Division and chair of the court's ADR Committee. Her experience spans business, commercial, employment, construction defect, personal injury, and trade-secret matters, and she speaks on e-discovery ethics and the obligations attorneys face in handling electronically stored information.