Date: Wednesday, April 29, 2020
Time: 1:00 p.m. EDT
Duration: 90 minutes
2019 produced a number of significant court decisions addressing eDiscovery, and 2020 promised to do the same—before the COVID-19 pandemic curtailed many court cases. This 90-minute webinar will bring together three veteran Sedona Working Group 1 members and three federal judges for a discussion on key eDiscovery court decisions from the past year and judicial observations on the lessons these cases can teach us.
Among the questions raised in recent case law that the panel will explore are:
- Are ESI protocols helping or hindering eDiscovery?
- Is eDiscovery a mutual obligation of the parties?
- Are new data types and ESI sources—especially ephemeral messaging and data—confounding established eDiscovery concepts and processes?
- Are privacy and data security considerations becoming an implicit “driver” of the eDiscovery proportionality analysis?
- Are foreign litigants using U.S. courts to obtain discovery they can’t get at home?
- What elements of Federal Rule of Civil Procedure 37(e) on discovery sanctions are appropriate for jury determination, if any?
While today’s social distancing inhibits the robust face-to-face dialogue that made the Case Law Update panel at Working Group 1 meetings so popular over the years, we will do our best to address your questions and comments in the webinar format. And we will take advantage of relaxed Continuing Legal Education requirements to provide a certificate of attendance to all participants who request one, suitable for self-reporting in the states that are now allowing credit for online distance learning.