Legal Cyber Academy

eDiscovery Ethics: Avoid Sanctions and Other Pitfalls

Taught by Daniel B. Garrie

eDiscoveryLevel: Intermediate58m

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Overview of eDiscovery Ethics: Avoid Sanctions and Other Pitfalls

eDiscovery Ethics illuminates the complexities of managing electronic data and the ethical considerations that arise during eDiscovery. Panelists review what eDiscovery and electronically stored information (ESI) are and why they are critical to litigation, introduce potential eDiscovery issues and the key legal ethics rules they challenge, dive into recent eDiscovery ethics cases with real-world examples, and highlight best practices to sidestep ethical pitfalls and keep a practice compliant and resilient.

What you’ll learn in eDiscovery Ethics: Avoid Sanctions and Other Pitfalls

  • Explain eDiscovery and ESI and why they are critical to litigation
  • Identify potential eDiscovery issues and the ethics rules they challenge
  • Analyze recent eDiscovery ethics cases and their lessons
  • Apply best practices to avoid sanctions and other ethical pitfalls

Audience and prerequisites

Who should take this courseeDiscovery Ethics: Avoid Sanctions and Other Pitfalls

Lawyers seeking to enhance their digital literacy and ethical competence in eDiscovery, from new to seasoned practitioners.

Curriculum

  1. 1. eDiscovery Ethics: Avoid Sanctions and Other Pitfalls

    What You Will Learn from the Seminar In this seminar, our expert panelists begin by reviewing what eDiscovery and electronically stored information (ESI) are, as well as why they are critical to litigations. Next, our speakers introduce some of the potential eDiscovery issues attorneys can face, the ethical considerations they raise, and the key legal ethics rules they challenge. Our panelists then dive into recent eDiscovery ethics cases, providing you with real-world examples of challenges and solutions. Finally, our experts highlight best practices to sidestep the ethical pitfalls of eDiscovery, ensuring your practice remains compliant and resilient.

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Your instructors

Portrait of Daniel B. Garrie

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.

Portrait of Judge Reva Goetz

Judge Reva Goetz

Mediator, Arbitrator & Discovery Referee, JAMS (Ret.)

JAMS

Judge Reva Goetz (Ret.) is a full-time neutral with JAMS, serving as a mediator, arbitrator, and discovery referee. Since beginning her alternative dispute resolution practice in 2015, she has mediated and arbitrated hundreds of estate, probate, trust, and family law matters, including high-value trust, conservatorship, and family disputes for high-profile individuals. Prior to her judicial career she served as a Deputy District Attorney, including in the Major Fraud Unit, drawing on earlier experience as an accountant, auditor, and financial analyst.

Portrait of Katherine Charonko

Katherine Charonko

Partner and ESI Practice Group Leader, Bailey & Glasser

Bailey & Glasser

Katherine (Kate) Charonko is a Partner and ESI Practice Group Leader at Bailey & Glasser, where she helps clients and attorneys apply analytics across eDiscovery, including document review strategy, technology-assisted review, and ESI preservation and collection protocols. She serves on Bailey Glasser multidistrict litigation teams focused on automotive and medical-device product liability and has acted as liaison director of eDiscovery and ESI on several MDL leadership committees. Charonko speaks frequently on ESI, TAR, and legal ethics.

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