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eDiscovery 101: How to Discover and Use ESI in Civil Cases

Level: Intermediate
Runtime: 92 minutes
Recorded Date: May 21, 2020
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  • What Makes ESI Different?
  • Preservation
  • Scope of Discovery Rule 26(b)(1)
  • Proportionality
  • The Meet-And-Confer Rule 26(f)
  • The Scheduling Conference Rule 16(b)
  • Search Tools
  • Production
  • Privilege
  • Sanctions
  • Admissibility
  • Judges and Social Media

Runtime: 1 hour, 32 minutes
Recorded: May 21, 2020


Hear panelists introduce basic concepts needed to understand what ESI is; explain relevant federal rules related to discovery and use of ESI with references to those rules as well as representative state rules; address concepts of preservation of ESI; understand admissibility of ESI; and consider steps to protect privilege and work product.

This program was recorded on May 21st, 2020.

Provided By

American Bar Association
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Hon. Bernice B. Donald

Circuit Judge
US Court of Appeals, Western District of Tennessee

Bernice Bouie Donald is a federal judge for the United States Court of Appeals for the 6th Circuit. She first joined the court in 2011 after a nomination from President Barack Obama. Prior to her service on the Sixth Circuit, she served on the United States District Court for the Western District of Tennessee.

Donald graduated from Memphis State University with both her bachelor's and J.D. degrees in 1974 and 1979, respectively.

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Hon. Timothy Driscoll

Justice of the Supreme Court
State of New York

Justice Timothy S. Driscoll is a Justice of the Supreme Court of the State of New York, and has been assigned to the Nassau County Commercial Division since May 2009. From January 2008 through April 2009, Judge Driscoll sat in the Nassau County Matrimonial Center. Judge Driscoll is also an adjunct professor at Brooklyn Law School and has served as a teaching team member at the Harvard Law School’s Trial Advocacy Workshop.

Prior to beginning his judicial service on January 1, 2008, Judge Driscoll held a number of posts in the public and private sector. He served as Deputy Nassau County Executive for Law Enforcement and Public Safety from July 2004 to December 2007. In that position, he oversaw all of the public safety and law enforcement agencies in the County, including the Police, Fire Marshal, Probation, Sheriff, Office of Consumer Affairs, Traffic and Parking Violations Agency, Medical Examiner, and Office of Emergency Management.

Judge Driscoll was an Assistant United States Attorney in the Eastern District of New York from November 2000 to July 2004. His case load included violent crime matters including racketeering, murder, gun possession and trafficking, and narcotics distribution, as well as white collar matters including mail fraud, wire fraud and health care fraud. His work as a federal prosecutor was recognized by the FBI, Nassau County Police Department, Old Brookville Police Department, and the Drug Enforcement Administration.

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Hon. J Michelle Childs

United States District Judge
District of South Carolina

Julianna Michelle Childs , known professionally as J. Michelle Childs, is an American lawyer and judge in South Carolina who is a United States district judge on the United States District Court for the District of South Carolina.

From 1991 until 2000, Childs worked for the Columbia, South Carolina law firm Nexsen Pruet, LLC, first as a summer associate (1991) and then as an associate attorney (1992–1999). She became a partner at the firm in 2000. From 2000 until 2002, Childs served as the Deputy Director of the Division of Labor with the South Carolina Department of Labor, Licensing and Regulation. From 2002 until 2006, Childs served as a commissioner on the South Carolina Workers' Compensation Commission. In 2006, she became a circuit court judge in South Carolina, based in Columbia.

On December 22, 2009, President Obama nominated Childs to serve on the United States District Court for the District of South Carolina, to fill the seat vacated by Judge George Ross Anderson, Jr., who had taken senior status. Her nomination was confirmed by the United States Senate on August 5, 2010.

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Hon. Ronald J. Hedges

Senior Counsel

Ronald is a member of Dentons' Litigation and Dispute Resolution practice group. He has extensive experience in e-discovery and in the management of complex litigation and has served as a special master, arbitrator and mediator. He also consults on management and discovery of electronically stored information (“ESI”).

Ron Hedges was a United States Magistrate Judge in the United States District Court for the District of New Jersey from 1986 to 2007. While a magistrate judge, he was the Compliance Judge for the Court Mediation Program, a member of the Lawyers Advisory Committee, and both a member of, and reporter for, the Civil Justice Reform Act Advisory Committee. From 2001 to 2005 he was a member of the Advisory Group of Magistrate Judges.

Ron was an adjunct professor at Seton Hall University School, where he taught mediation skills. He was an adjunct professor at Georgetown University Law Center and remains an adjunct professor at Rutgers School of Law—Newark. He taught courses on electronic discovery and evidence at both these schools. Ron was a Fellow at the Center for Information Technology of Princeton University for 2010-11 and 2011-12. He is also a member of the College of the State Bar of Texas.

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