Civil Procedure for eDiscovery Technologists & Experts

Overview of Civil Procedure for eDiscovery Technologists & Experts

Electronic discovery sits at the intersection of legal procedure and technical practice, requiring professionals to navigate both the rules governing litigation and the realities of modern digital environments. This course grounds eDiscovery technologists and experts in the civil procedure framework that shapes every stage of the discovery lifecycle—from litigation holds and preservation obligations through production and exchange. It extends beyond foundational concepts to address the practical challenges of cloud-based data sources and mobile device evidence, where standard collection methods often fall short. The course also examines the growing role of discovery referees and special masters, equipping participants to work effectively within alternative dispute resolution contexts.

What you’ll learn in Civil Procedure for eDiscovery Technologists & Experts

• Explain the civil procedure rules that govern the identification, preservation, and exchange of electronically stored information in litigation
• Apply preservation principles to cloud-based data sources and mobile device evidence to reduce spoliation risk
• Distinguish between the roles and responsibilities of eDiscovery technologists, discovery referees, and special masters in legal proceedings
• Identify the key stages of the eDiscovery lifecycle and the procedural obligations that attach at each stage
• Assess how metadata considerations affect the authenticity and admissibility of digital evidence
• Communicate eDiscovery processes and technical findings clearly to legal counsel and other non-technical stakeholders

Curriculum

1. 1. 10 Commandments of eDiscovery

   The evolution of discovery into eDiscovery has wreaked havoc on the practice and business of law, creating more money for vendors and lawyers irrespective of the economy. It is virtually impossible to have litigation without some amount of eDiscovery involved in the case. Today, eDiscovery can be fully outsourced, done entirely internally, or some place in between. Topics discussed in this lesson: Overview of eDiscovery Current State of eDiscovery Today The 10 Commandments of eDiscovery eDiscovery Case Law This lesson is brought to you by The Global Legal Cyber Institute, Lexeprint, and Legal Cyber Academy.

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2. 2. Preserving Mobile Device & Online Evidence

   This lesson discusses how to properly preserve social media evidence in litigation. The ubiquitous nature of social media has made it an unrivaled source of evidence, leading it to play a key role in countless cases. Businesses of every size can be affected by social media – both in the duty to preserve social media content and in the desire to access relevant social media evidence in litigation. Data residing on social media platforms is subject to the same duty to preserve as other types of electronically stored information (ESI). The duty to preserve is triggered when a party reasonably foresees that evidence may be relevant to issues in litigation. All evidence in a party’s “possession, custody, or control” is subject to the duty to preserve. The panelists provide an important review o

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3. 3. eDiscovery in the Cloud

   This lesson introduces the use of the cloud as a part of the e-discovery process. Implementing the cloud can pose significant challenges for law firms and their IT departments, as they work to comply with e-discovery law requirements and regulations. For law firms and other organizations, e-discovery can streamline the review and analysis process and increase efficiency overall. The panelists discuss the types of cloud computing, the centralized availability of data, and the process for creating security protocols. Topics discussed in this lesson: 1. Types of Cloud Software 2. Potential Pitfalls of Storing e-Discovery in the Cloud 3. Risk and Data Security Considerations This lesson is brought to you by The Global Legal Cyber Institute, Lexeprint, and Legal Cyber Academy.

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4. 4. Let’s be Civil!: Civil Procedure for eDiscovery

   This lesson will review recent and possible amendments to the Federal Rules of Civil Procedure (FRCP). As clear understanding of the rules is crucial for legal professionals in conducting civil litigation. The panelists will address the recently amended FRCP pertaining to eDiscovery and how they impact cooperation, proportionality, and rules for preservation. And will also provide an update on cases interpreting the amended FRCP and providing some practical tips for litigating under the new rules. Attorneys have an ethical obligation to understand the use of technology as it relates to the preservation and analysis of data during discovery. Topics discussed in this lesson: Proposed Amendments to the FRCP in 2021 Significant Amendments to FRCP How is litigation impacted by these changes? Th

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5. 5. Why use a Discovery Referee or Special Master in ADR 

   This lesson will discuss how and why courts, arbitrators, and parties increasingly turn to Special Masters for their expertise and assistance on complicated eDiscovery issues. As it is critical to understand when a special master should be used and what role the special master plays. By reviewing case studies, the panelist will provide tips on how to select, effectively use, and litigate before a Special Master. Topics discussed in this lesson: Introduction to Special Masters Types of Special Masters & What They Do Advantages of Appointing a Special Master Considerations when Selecting and Appointing Special Masters Special Masters in Federal Courts: The Applicable Rules 5 Commandments for Lawyers Working with Special Masters in Federal Court This lesson is brought to you by The G

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