This Continuing Legal Education presentation covers electronic discovery and the related ethical duty of competence. Drawing on guidance from the State Bar, recent e-discovery cases, and our own experience assisting attorneys, the presentation outlines the main risks to counsel and client of failing to properly understand e-discovery obligations in litigation.

Electronic Medical Records (EMR) are governed by a strict regulatory framework, but they contain remarkably detailed information that is important in a wide variety of cases from malpractice to fraud to criminal prosecution. This data is frequently produced in paper or PDF reports, leaving much of the potentially relevant data behind. This presentation discusses the types of information that are contained in EMR systems and how to approach discovery requests to comply with the law and avoid missing responsive data. Using examples from actual cases, many of which our experts worked on directly, we discuss the ways parties withhold, modify, or obfuscate electronic medical record data, and how to ensure it is all collected or produced.

Electronically stored information (ESI) in litigation has changed significantly in recent years. Once almost exclusively digitized paper records and email archives, the varieties of ESI have multiplied exponentially. Similarly, the locations where ESI are stored are more numerous than ever, including mobile, cloud, and IoT. The result is a complex effort to find and collect relevant data in whatever location or format it is stored. This presentation covers these technical topics from the perspective of the legal practitioner, highlighting the key factors an attorney should consider to ensure that all relevant data has been identified and preserved. 

Determining the location of an individual at a specific point in time can make or break a case. Lawyers have used location data to put defendants at the scene of a murder, place a driver at the scene of a crash, or even show a doctor was not in the hospital during a critical procedure. This presentation provides guidance to know what location data is available, where to find it, how to use it, and the law that governs it. We will provide real-world examples of location data and discuss its use and misuse in trial.

From Jones to Riley to Carpenter, the Supreme Court has changed the landscape of 4th and 5th Amendment law in the digital realm. This CLE will explore the effects of these landmark cases and identify areas of further challenges for the defense. Attendees will learn about how courts are applying the 4th and 5th Amendments to new forms of digital evidence and will learn to spot potential Constitutional Issues involving digital devices.

Hosted review platforms (such as Relativity) are no longer just for large law firms. These tools are more affordable and easier to use than ever. Hosted review software allows litigators to efficiently search, review, and tag documents without much technical knowledge. This presentation provides an introduction to hosted review platforms and demonstrates how powerful they can be for any size case. This activity is approved by the State Bar for 1 hour of credit towards the Minimum Continuing Legal Education requirements.