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ESI Collection 101: Navigating the Challenges of Emerging Data Sources

Level: Beginner
Runtime: 64 minutes
Recorded Date: May 11, 2021
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  • SaaS Platforms and Applications Overview
  • Preparation
  • Benefits of SaaS Platforms
  • The Risk Associated with Expedited Growth
  • Litigation, Cyber and Data Privacy Considerations
  • Legal Hold & Preservation
  • Collection Considerations
  • Review of Structured vs Unstructured Data
  • Defensibility
  • The Future of Data
  • Conclusion
Runtime: 1 hour, 4 minutes
Recorded: May 11, 2021


Collaboration and communication technology forms have evolved considerably within the past few years. Traditional business environments across the United States and globally are now utilizing heightened communication forms such as Slack, Quip and WhatsApp to increase chat efficiency and foster creative environments to encourage productivity. Technology hubs such as Silicon Valley are no longer isolated instances of communication technology variance. With this heightening and continued introduction of numerous forms of communication, new challenges have been raised during identification, collection and production of these non-standard data types for investigations and lawsuits. Additionally, as we communicate in an ever more cell phone dependent world, cell phones have increasingly become key data sources during litigation. But, many practitioners still struggle with understanding what information is contained where (whether on the device or from the carrier), and how to properly obtain the data in a useable format.

This program will use a hypothetical lawsuit where a team of engineers has been using three forms of emerging data sources for communication, which will need to be preserved, collected, reviewed and produced per the request for production from plaintiffs' counsel. We’ll navigate the process, considerations and risks while we navigate this hypothetical scenario. During the program, you will hear tips and tricks related to identification, collection, and preservation of ESI from an expert with Ankura, outside counsel, and in-house counsel for T-Mobile.

This program was recorded on May 11th, 2021.

Provided By

American Bar Association
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Justin Van Alstyne

Senior Corporate Counsel, Discovery & Information Governance

Justin Van Alstyne is an electronic discovery, cyber security, data privacy, and legal technology expert. He is currently a Senior Corporate Counsel on T-Mobile’s Discovery and Information Governance team, where he has practiced since 2017, handling discovery, legal holds, M&A regulatory response, data breach response, and data requests in the major litigation group.

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Mark Clews

Senior Managing Director
Ankura Consulting Group, LLP

Mark Clews is a Senior Managing Director at Ankura, based in Irvine. He has over 17 years’ experience providing expert advice and innovative solutions to clients and their counsel in relation to the management of electronically stored evidence. He specializes in the preservation and investigation of electronic evidence from digital devices, the interrogation of complex data sets, and the management of large-scale electronic discovery matters.

Mark’s experience covers the entire lifecycle of the Electronic Discovery Reference Model (EDRM). From providing proactive guidance in relation to information governance and discovery readiness consulting, through to preservation, processing, and review of data for production purposes. Mark has led hundreds of engagements on a wide variety of matters ranging from forensic analysis of a single machine through to multi-jurisdictional class action disputes containing hundreds of custodians.

Mark has extensive experience navigating his clients through the challenges of responding to government and regulatory investigations, including the Securities and Exchange Commission, Consumer Financial Protection Bureau, Department of Justice, Environmental Protection Agency, Office of the Inspector General, Financial Industry and Regulatory Authority, Federal Trade Commission, and the Attorney General’s Office. His project experience includes investigating the operation of illegal cartels, theft of intellectual property, accounting irregularities, securities class actions, Qui Tam whistleblower suits, and other fraudulent activities.

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Ashley J. Heilprin

Phelps Dunbar, LLP

Ashley Heilprin is a Partner at Phelps Dunbar, LLP. Clients turn to Ashley Heilprin for her trial experience and her ability to think creatively and efficiently. As a trial lawyer with a wide range of experience in commercial and tort litigation, she helps clients resolve First Amendment, intellectual property, privacy, casualty and general business issues. She advises and advocates for clients in many industries.

A leader in the legal community, Ashley has built a reputation as a talented litigator, successfully trying cases to verdict and negotiating favorable settlements. She takes the time to truly understand how particular businesses and industries operate, so she can accomplish desirable results for clients that not only mitigate their risk, but also align with their business objectives and culture.

Ashley leverages her courtroom experience and ability to “begin with the end in mind” when representing media companies in defamation defense, privacy law, right of publicity and other First Amendment issues. She also handles intellectual property law matters, including copyright and trademark counseling, litigation, registration, and proceedings before the U.S. Copyright Office and the Trademark Trial and Appeal Board.

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