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Legalweek: Case Law Update 2023


Level: Intermediate
Runtime: 61 minutes
Recorded Date: March 22, 2023
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Agenda

Most Prominent Issues Facing eDiscovery Case Law:
  • Disputes regarding potential sanctions for spoliation of evidence.
  • Technology-assisted review (TAR) protocol disputes.
  • ESI protocol and search term disputes.
  • Proportionality and form of production disputes.
  • Disputes over production of metadata for photos and lesser included emails.
  • Discovery of various ESI sources, including text messages, source code, audio/video files, and wearables.
Runtime: 1 hour
Recorded: March 22, 2023

For NY - Difficulty level: For both newly admitted and experienced attorneys.
For NY - Difficulty Level: Both newly admitted and experienced attorneys

Description

Join this session as our experts outline the most prominent cases dominating 2023, how they will impact the law going forward and big cases that are likely to hit the docket soon.

This program was recorded as part of ALM's Legalweek Conference on March 22nd, 2023.

Provided By

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Panelists

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Kelli Stenstrom

Associate General Counsel, Global Head of Legal eDiscovery
Deutsche Bank AG

Kelli is a Director and Associate General Counsel at Deutsche Bank AG. Kelli leads the Bank’s Global Legal eDiscovery team, which provides eDiscovery advice and expertise to the Bank’s litigation and regulatory enforcement teams and works closely with the Bank’s technology and information governance teams. She regularly consults on eDiscovery and information governance issues and initiatives.

Kelli has been at Deutsche Bank since 2004. Prior to her current role, she was a Director and Associate General Counsel in the Americas Litigation and Regulatory Enforcement Group.

Prior to joining the Bank, she was an associate with Davis Polk & Wardwell and clerked in the U.S. District Court for the EDNY. Kelli graduated from Columbia University Law School.

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Jeremiah Wikler

Partner
Shook, Hardy & Bacon LLP

Jeremy is a Partner in the Data and Discovery Strategies practice group at Shook, Hardy & Bacon. For more than a decade, his practice has focused on discovery and information governance. Jeremy advises clients on best practices for preservation, collection, processing, review, and production as part of the discovery process. Jeremy is actively involved in the eDiscovery legal community and dedicates a portion of his time to tracking relevant market and technology trends to better serve his clients. He is the author of the Electronic Discovery Institute publication Discovery Cases that Count, which covers over 950 of the most impactful discovery cases from the past three decades. Jeremy is also the author of the Practical Law resource Document Retention Policy: US Checklist; a co-author of the eDiscovery chapter in Product Liability Litigation: Current Law, Strategies and Best Practices by PLI Press; and a contributing author of Spoliation, an EDI guidebook.

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Florence Yee

Vice President & Corporate Counsel, Enterprise Litigation Group
Prudential Financial, Inc.

Florence is Vice President and Corporate Counsel in the Enterprise Litigation Group in Prudential Financial, Inc.’s Law Department, where she manages the Company’s global eDiscovery docket in litigation and regulatory matters. She is also lead counsel for the Company’s records management program, advising the company on domestic and international records and information governance issues and chairing a working group consisting of attorneys overseeing such issues in other practice groups and disciplines. Florence is an active speaker and participant in various eDiscovery industry professional groups, including serving as co-chair of Electronic Discovery Institute’s (EDI) Diversity Committee. She received her J.D. from the Benjamin N. Cardozo School of Law and B.A. from Cornell’s University’s College of Arts and Sciences.

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Erick Drobinski

Head of Legal Technology & Operations
Gilead Sciences

Erick Drobinski is Head of Legal Technology and Operations at Gilead Sciences, a leading pharmaceutical company based out of the Bay Area. The Legal Technology and Operations group oversees eDiscovery, technology and operations for the legal department. Prior to this role, he oversaw eDiscovery functions for Gilead’s entire litigation portfolio and he is part of Gilead’s data protection working group that drives Gilead’s privacy and data security initiatives.

Prior to joining Gilead, Erick was in the eDiscovery and legal technology industry for close to seven years. Across those years, he served as a project manager and consultant for Inventus LLC, Seyfarth Shaw, and SeyfarthLean Consulting out of Chicago.

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Philip Favro

Special Master, Expert Witness, and eDiscovery & IG Consultant
Innovative Driven

Philip Favro acts as a trusted advisor to organizations and law firms on important questions surrounding discovery and information governance. Phil provides guidance on litigation hold policies, data collection strategies, and search methodologies. He also offers direction to organizations on records retention policies and the need to manage dynamic sources of information found on smartphones, cloud applications, and social networks. Phil is a thought leader and a legal scholar on issues relating to the discovery process, the confluence of litigation and technology, and information governance. His articles have been published in leading industry publications and academic journals and he is frequently in demand as a speaker for eDiscovery education programs.

Phil is a member of the California and Utah bars. He actively contributes to Working Group 1 of The Sedona Conference where he serves as the Project Manager for the Steering Committee. Phil also serves as the Director of Legal Education for the Coalition of Technology Resources for Lawyers (CTRL). Prior to joining Innovative Driven, Phil practiced law in Northern California where he advised a variety of clients regarding business disputes and complex discovery issues. He also served as a Judge Pro Tempore for the Santa Clara County Superior Court based in Santa Clara, California.


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