Faculty:

Hon. Kimberly M. Esmond Adams, Judge, Superior Courts of Georgia, Atlanta, GA
Hon. Ronald J. Hedges, former United States Magistrate Judge, District of New Jersey, Senior Counsel, Dentons US LLP, New York City
Kenneth J. Winters, Deputy Executive Director, The Sedona Conference, Phoenix, AZ

First Session

After participating in this webinar, judges will be able to:

• Define “cooperation” in the context of an adversarial procedure, with reference to the relevant rules of court and ethical obligations of counsel;
• Identify the limits of cooperation and when judicial intervention is necessary to advance the litigation;
• Identify the style of judicial management most appropriate for the audience member’s judicial environment and philosophy;
• Identify the 20 stages of civil litigation that commonly give rise to ESI-related disputes and provide opportunities for judicial intervention to avoid or resolve such disputes, advance the litigation, and reduce costs, furthering the goal of “just, speedy, and inexpensive resolution of every action”; and
• Access the online Judicial Resources and locate the appropriate management recommendations.

Second Session

At the end of the second webinar, members of the audience will be able to:

• Recognize and articulate the point in time and circumstances giving rise to the common law duty of preservation;
• Formulate the scope of that duty, with reference to the claims, defenses, and subject matter of the litigation;
• Evaluate the reasonableness of the steps that counsel and parties propose to take, or have taken, to preserve discoverable ESI;
• List ESI-related issues that parties should consider in anticipation of an initial conference with a judge; and
• Anticipate likely areas of dispute between parties.
• Formulate an appropriate Initial Scheduling Order that facilitates party-driven, cooperative discovery and trial preparation
• Identify case management tools available to the court to enforce proportionality
• Identify and apply factors that go into a proportionality-related discovery decisions
• Allocate appropriate burdens of proof between the parties to establish the relevant proportionality factors
• Describe the most common methods parties use to identify potentially discoverable ESI
• Describe the most common steps that parties take to respond to discovery requests
• Distinguish the most common forms of production of ESI, and identify the advantages or disadvantages each form may provide for discovery and trial
• Recognize circumstances under which a party might be sanctioned for the loss of discoverable ESI, the failure to produce requested ESI, or other discovery-related misconduct
• Identify the evidence that a party seeking sanctions might be required to present, the defenses that a responding party might assert, and the appropriate allocation of burdens of proof
• Analyze the range of sanctions or other measures available to a judge for loss of discoverable ESI, the failure to produce requested ESI, or other discovery-related misconduct, and apply the appropriate sanction based on the circumstances.

Register Now.

The Sedona Conference is a national leader in, among other things, the use of electronic information in civil litigation. It recently published The Sedona Conference Cooperation Proclamation: Resources for the Judiciary, Third Edition, which is intended to assist judges in the management of electronic information in civil cases from the beginning of litigation through post-judgment awards of costs. These two sessions will provide an overview of the Resources, examine how cooperation between parties might be encouraged and enforced, and consider case management techniques in various “stages” of litigation.

Clicking to register will enroll you in both sessions automatically.

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