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Electronic Data, Discovery and Document Storage

Understand how to effectively collect, preserve and review electronically stored information.

Every 21st Century organization continues to store excessive amounts of unnecessary data. Under-saving can sometimes lead to failure to meet legally imposed day-to-day retention obligations. On the other hand, the risks of over-saving are even greater. For example, the more electronically stored information (ESI) that is retained, the higher the risk of the data being hacked. In addition, excess saving often leads to a giant data set that may be subject to discovery in litigations and/or regulatory investigations. The cost of finding, preserving, collecting, culling, reviewing and producing this data can run into the millions even on a relatively small matter. If a litigating company does not comply with the legal standards applicable to the above electronic discovery (eDiscovery) steps, it could suffer sanctions, ranging from reimbursing the opposing party for some costs and/or attorney fees to an outright loss on the merits. This material will touch on the various phases of eDiscovery, focusing on legal rules and technology processes regarding the identification and reduction of data prior to its review and production. Furthermore, the topic will address data repositories now encompassed by eDiscovery, such as data stored in the Cloud, on mobile devices and on social media sites.

Runtime: 93 minutes
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Day-To-Day Retention/Destruction

  • Big Picture as to Policies/Programs
  • Over-Saving Costs
  • Under-Saving Costs

Basic Steps and Overview of the Preservation of ESI

  • Legal Ethics
  • Avoid These Mistakes - Case Law and How Sanctions May Have Been Avoided
  • Preservation and Proportionality
  • Typical ESI Sources and "Pre-Ecollection" Processes

Modern eDiscovery Process Challenges for Litigants and Their Counsel

  • Communications, Cloud Repositories and Mobile Devices -May Be Sources of Relevant Data
  • Social Media, Posts, Photos and Likes/Comments Are Potentially Subject to eDiscovery
  • Digital Forensics - What Is Hiding on Computers and Devices? "Deleted" Does Not Always Mean Unrecoverable
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Ohio, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at ondemandinfo@lorman.com or call us at 866-352-9540.

This course was last revised on July 24, 2018.

Call 1-866-352-9540 for further credit information.

  • AK CLE 1.5 including Ethics 0.5
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education, including 0.50 hours of ethics credit for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.5 including Ethics 0.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours' credit, including 0.5 hours of ethics credit.
     
  • Arizona CLE 1.5 including Ethics 0.5
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona, including 0.50 hours of professional responsibility.
     
  • CA MCLE 1.5 including Ethics 0.5
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit, of which includes 0.50 hours of ethics credit.
     
  • CO CLE 2.0 including Ethics 0.6
     
  • This program may qualify for 2.0 credit hours including 0.6 hours of ethics credit through the Colorado Supreme Court Board of Continuing Legal and Judicial Education through reciprocity. This course is accredited in other jurisdictions such as New Jersey. To receive CLE credit for this program, a home study affidavit must be submitted to the Supreme Court Board of Continuing Legal and Judicial Education.
     
  • CT CLE 1.5 including Ethics 0.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s) including 0.50 hour(s) of ethics credit.
     
  • FL CLE 2.0 including Ethics 0.5; Technology 0.5
     
  • This course has been approved by The Florida Bar for 2.0 hour(s) of CLE credit, including 0.50 hour(s) of ethics credit and 0.50 hour(s) of Technology credit. Course classification: Intermediate level.
     
  • GA CLE 1.5 including Ethics 0.5
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours, including 0.5 ethics hours.
     
  • HI CLE 1.5 including Ethics 0.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours including 0.50 ethics credit hours.
     
  • IA CLE 1.5
     
  • Electronic Data, Discovery and Document Storage is accredited under the regulations of the Iowa Supreme Court Commission on Continuing Legal Education. It is planned that this program will provide up to a maximum of 1.5 hour(s) of unmoderated credit towards the mandatory continuing legal education requirements under the Iowa rule. Please note: you can receive a maximum of 6 hours of unmoderated activities per calendar year.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.5 including Ethics 0.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit including 0.50 ethics hours under M. Bar R. 12.
     
  • MN CLE 1.5
     
  • This program has been approved by the Minnesota Board of Continuing Legal Education for 1.5 hours of credit.
     
  • MS CLE 1.6
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.6 credit hours.
     
  • MT CLE 1.5 including Ethics 0.5
     
  • This program has been approved by the Montana Board of Continuing Legal Education for a total of 1.5 CLE credits, which includes 0.50 hours of ethics credit.
     
  • NC CLE 1.5 including Ethics 0.5
     
  • This program has been approved by the North Carolina State Bar Board of Continuing Legal Education for 1.5 CLE hours, including 0.50 hours of ethics credit.
     
  • ND CLE 1.5 including Ethics 0.5
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit, including 0.50 hours of ethics credit.
     
  • NH MCLE 1.5 including Ethics 0.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). This Program contains 90 minutes of legal ethics credit.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NM CLE 1.5 including Ethics 0.5
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit, including 0.5 hours of ethics credit.
     
  • NV CLE 1.5 including Ethics 0.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours, including 0.50 hours of ethics credit.
     
  • NY CLE 1.5 including Areas of Professional Practice 1; Ethics and Professionalism 0.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.00 hour and Ethics and Professionalism for 0.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for credit for established attorneys only. Lorman Business Center, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • OK CLE 2.0 including Ethics 0.5
     
  • This course has been approved by the Mandatory Continuing Legal Education Commission of Oklahoma for a maximum of 2.0 hours credit, of which 0.50 hours are credits covering legal ethics.
     
  • OR CLE 1.5 including Ethics 0.5
     
  • Approved for 1.5 CLE credits in Oregon, including 0.50 hours of ethics credit.
     
  • PA CLE 1.5 including Ethics 0.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours including 0.50 hours of ethics, professionalism or substance abuse CLE credit.
     
  • RI CLE 1.5 including Ethics 0.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit, including 0.50 hours of ethics credit.
     
  • TN CLE 1.53 including Ethics 0.5
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.53 hours of credit, including hours of dual credit.
     
  • TX MCLE 1.5 including Ethics 0.5
     
  • This program has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.5 credit hours, of which 0.50 credit hours will apply to legal ethics/professional responsibility credit. Lorman Education Services is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE. This program has been approved by the Texas State Bar College for 1.5 hours of CLE credit, of which 0.50 hours will apply to legal ethics/professional responsibility credit.
     
  • UT CLE 1.5
     
  • This program has been approved by the Utah State Board of Continuing Legal Education for 1.5 CLE hours.
     
  • VA CLE 1.5
     
  • This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.5 CLE credit hours.
     
  • VT CLE 1.5 including Ethics 0.5
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of self-study CLE credit, including 0.50 hours of ethics.
     
  • WA CLE 1.5 including Ethics 0.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit, including 0.50 hours of ethics credit.
     
  • WI CLE 1.5
     
  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
  • NALA 1.53
     
  • This seminar meets the requirements of the Certifying Board for Legal Assistants of the National Association of Legal Assistants, for continuing legal assistant education credit required to maintain the CP (Certified Paralegal) credential for (s) hours.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.

This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • AK CLE 1.5
     
  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NM CLE 1.5
     
  • NV CLE 1.5
     
  • NY CLE 1.5
     
  • UT CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • AK CLE 1.5
     
  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NM CLE 1.5
     
  • NV CLE 1.5
     
  • NY CLE 1.5
     
  • UT CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Robert D. Brownstone, Esq.

Robert D. Brownstone, Esq.

Fenwick & West LLP

  • Technology & eDiscovery Counsel and Electronic-Information-Management (EIM) Group chair at Fenwick & West LLP, a 350-plus-attorney, Silicon Valley based, national law firm
  • Advises clients and colleagues on electronic discovery, EIM and retention/destruction policies/protocols, social media rewards and risks, information security and data privacy
  • As to many law and technology issues, nationwide conference chair, speaker and writer including on the www.ITLawToday.com blog
  • Has taught electronic discovery law and process at four law schools
  • Frequently quoted in the press as a source on electronic information issues
  • Advisory board member, National Employment Law Institute
  • Advisory board member, American Lawyer Media (ALM) Legal Tech conferences
  • J.D. degree, magna cum laude, Brooklyn Law School; B.A. degree, Swarthmore College
  • Can be contacted at rbrownstone@fenwick.com
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More Program Information

Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

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* For audio recordings you only pay shipping

Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 403668
Published 2018
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