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Browsing by Subject "Federal Rules of Civil Procedure"
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Item Discovery and Evidence: A Paralegal's Guide(2016-10-26) Hook, Sara AnneAre you up to date with the latest changes impacting discovery and evidence? Are you utilizing all the current best practices in discovery requests, discovery production, evidence handling, authentication, preparation and more? Don't miss this opportunity for up-to-date, street-smart strategies for gathering, analyzing and managing evidence. Brush up on the newest FRCP and FRE rule changes, their implications and applications in practice. Draft better discovery requests and responses and obtain practical tips for production and review. Learn current best practices for handling and storing evidence to prevent spoliation. Pick up pointers on exhibit and evidence presentation. Work effectively with experts and learn how to best manage expert reports.Item Discovery Under the New Federal Rules of Civil Procedure(2016) Hook, Sara AnneThe amendments to the Federal Rules of Civil Procedure (FRCP) have brought significant changes to e-discovery and litigation strategy. Are you taking full advantage of these changes? Learn how to apply the proportionality standard, new guidelines on spoliation and more to the next case. Presenters will explain how to adapt current e-discovery process to make the new FRCP changes work in daily law practice. Recognize how the amended rules speed up early stage litigation. Learn to interpret the new scope of discovery under Rule 26(b). Prepare for the practical impact of proportionality on your case. Master new preservation standards and upgrade your use of litigation holds. Get tips for drafting specific discovery requests and shifting discovery costs. Avoid ethical pitfalls when collecting and reviewing social media evidence.Item Electronic Discovery in 2018: Current Challenges and Helpful Resources(2018) Hook, Sara AnneBack in 2011-2012, the author wrote a four-part series of articles on electronic discovery (e-discovery), specifically as it related to bankruptcy, for NABTalk: The Journal of the National Association of Bankruptcy Trustees.1-4 Since then, it has been exciting to watch the field of e-discovery evolve over the past decade, particularly from the vantage point of the author's role as a faculty member who teaches a full-semester online course on e-discovery every year. This article will summarize some of the recent developments in e-discovery, highlight some of the current challenges and feature some of the resources and technologies that are available to provide guidance and support for an e-discovery process.Item Game On: Ethics and eDiscovery(2016-11-11) Cohen, David; Kenney, Jeannine; Stafford, Elizabeth; Hook, Sara AnneYou will be presented with a hypothetical case involving a series of ethical decisions related to the discovery process. On each decision you will be asked to vote on whether counsel acted ethically or unethically. You vote by marking your game board AND using the red and green colored cards at your place. Following each vote, we will provide you with our interpretation of the correct answer, and the basis for that interpretation. In labeling conduct ethical vs. unethical, we are referring to the ethical rules and guidelines applicable to U.S. licensed attorneys and their delegates – not necessarily what might be considered ethical or unethical in a non-legal context. Just because conduct may not comply with “best practices,” that alone does not make it “unethical” for present purposes For this game, conduct will be considered unethical if it: Violates one or more applicable ethical rules; and/or Violates one or more legal ethics opinions; and/or Would leave a party or its counsel at substantial risk of being sanctioned based on existing rules or case lawItem How to Get Your Social Media, Email and Text Evidence Admitted (and Keep Theirs Out)(2016-10) Hook, Sara AnneWith all of the changes surrounding social media and email, it's critical to get up to speed on the latest rules, procedures and case law. This full-day, cutting-edge course will walk you through state processes, procedures and the latest case law while equipping you with handy how-to's, sample screen shots, real world examples and shortcuts along the way. Expert attorney faculty, who know the ins and outs of these groundbreaking new forms of evidence, will provide practical tech advice that you can actually understand and start using right away. From email to Facebook, Twitter and Snapchat, to YouTube, Pinterest and video surveillance, this comprehensive ESI guide will give you invaluable insight into proven ways for identifying, preserving, producing, admitting and blocking ESI.Item “Oh, Snap! The State of E-Discovery as Social Media Goes Mobile via Snapchat, WhatsApp and Other Messaging Apps(2015-04-17) Faklaris, Cori; Hook, Sara AnneAs the researchers will demonstrate through current cases, each new technology that generates electronically-stored information is an opportunity to trace its path through the phases of the e-discovery process, to note the legal, technological, logistical and ethical issues at each phase and to consider any special challenges that lawyers and their support teams might face. This research is particularly timely, given that the Federal Rules of Civil Procedure are being significantly revised again, based on a May 2010 conference on civil litigation at Duke University and more than 2,300 comments from interested practitioners and academics since then. Among the revised rules that will become effective on December 1, 2015, if approved by the U.S. Supreme Court and Congress, are several that directly impact electronically-stored information, including Rules 16, 26, 34 and 37, with the goal of making the e-discovery process more efficient and less burdensome and costly.Item Oh, Snap! The State of Electronic Discovery Amid the Rise of Snapchat, WhatsApp, Kik and Other Mobile Messaging Apps(2016-05) Faklaris, Cori; Hook, Sara AnneMove over email – and take a back seat, text messages. Mobile apps such as Snapchat, WhatsApp and Kik Messenger are fast taking the lead role in electronic communications. This social media shift creates new issues in litigation related to electronically stored information just as the 2015 revisions to the Federal Rules of Civil Procedure promise to shake up the ever-evolving field of electronic discovery.Item Oh, Snap! The State of Electronic Discovery Amid the Rise of Snapchat, WhatsApp, Kik, and Other Mobile Messaging Apps(2016-10) Faklaris, Cori; Hook, Sara AnneMove over email—and take a back seat, text messages. Mobile apps such as Snapchat, WhatsApp, and Kik Messenger are fast taking the lead role in electronic communications. This social media shift creates new issues in litigation related to electronically stored information (ESI) just as the 2015 revisions to the Federal Rules of Civil Procedure (FRCP) promise to shake up the ever-evolving field of electronic discovery.Item The Privacy, Security and Discoverability of Data on Wearable Health Devices: Fitness or Folly?(2016-11-18) Kumari, Vishakha; Hook, Sara AnneIntroduction Wearable Health Devices and Their Data Advantages Privacy Security Discoverability Research Plan Research Goals ReferencesItem Privilege Log 101(2017-12-01) Hook, Sara AnneJoin us for a massive celebration of law and technology with a local twist: E-Discovery Day! This inaugural, full-day program, including multiple hours of CLE, a vendor fair and reception, will feature a judicial panel, in-house perspectives, case law updates, ethics and so much more.