Paralegal's Guide to Evidence: Gathering, Protecting and Spoliation

• Overview

Don't let improper discovery practices hinder your case - ensure your preservation techniques are up to snuff.Ensuring the preservation of electronically stored information (ESI) is a key component of discovery today. Litigants who fail to preserve ESI can face severe consequences, including monetary and evidentiary sanctions, the effects of which can last long beyond a single case. Paralegals and legal assistants often play the role of case manager during discovery and are tasked with the management of the ESI preservation and collection process. Recognizing the potential issues and concerns in the preservation and collection of ESI is critical to an effective electronic discovery strategy. This topic will begin with an overview of recent case law highlighting some of the pitfalls of failing to preserve, and continue with a discussion of effective preservation techniques involving traditional sources of ESI, as well as emerging technologies, such as cloud storage and social media, and strategies to employ for the successful management of ESI preservation and collection in cases of all sizes. Join us for an insightful and practical discussion of these issues using real-life examples and illustrations.

Authors

Matthew C. Christoff, Seyfarth Shaw LLP Jamila A. Hemmerich, Seyfarth Shaw LLP

Agenda

Recent Case Law Involving Spoliation of Electronically Stored Information

Where Can You Find Electronically Stored Information?

• Workstations, Email Servers, and Shared Network Directories

• External Storage and Mobile Devices

• Social Media and Cloud Storage

Understanding the Duty to Preserve Electronically Stored Information

Effectively Preserving Electronic Evidence

• Strategies for Preserving Electronic Evidence

• Understanding Metadata and Ensuring Its Preservation

Options for Collecting Electronic Evidence

• Planning and Organization Are Key

• Physical vs. Logical Collection

• Choosing the Right Vendors