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California E-Discovery Rules: Still in Their Infancy

OnDemand Webinar (87 minutes)

On June 29, 2009, Governor Arnold Schwarzenegger signed into law AB 5, Californiaís first set of statutes designed to address the realities of electronic discovery. AB 5 added two new statutes to the California Code of Civil Procedure and amended 19 pre-existing CCP sections.

On August 14, 2009, the Judicial Council followed suit by amending California Rule of Court 3.724 to require early meet and confer as to e-discovery issues.

The rules, which largely track current federal provisions, took effect immediately and brought California in line with the growing number of states adopting specific regulations for modern civil litigationís critical arena of electronically stored information. In that AB 5 has been in force more than a year, many law firms, companies and government agencies are still wrestling with ambiguities and compliance challenges.

Purchase this OnDemand Webinar and listen to an intensive, practical discussion with an expert as to the new rulesí apparent impacts on process and strategy as to discovery requests directed to both parties and nonparties, discoverability of data that is not reasonably accessible, sanctions for noncompliance, cost-allocation, and attorney-client privilege and work-product.

Authors

Robert D. Brownstone, Esq., Fenwick & West LLP

Agenda

Overview of California's Electronic Discovery Act (aka AB 5)

Proactive ESI Management - Litigation Preparedness

Reactive E-Discovery Strategies Throughout a Litigation

  • Safe Harbor and Electronically Stored Information Preservation Obligations
  • Meet and Confer, and Preparation for Initial Conference
  • Requests and Objections - Forms of Production
  • Cost Allocation and Shifting
  • Avoiding Inadvertent Privilege Waivers

Resources

Questions and Answers