EDiscovery Lessons from Case Law About Spoliation



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Keeping up with case law is challenging. New opinions come out every day, and they’re often lengthy, only partially on point, or hard to decipher and distill into their essential takeaways — if not all of the above. Legal departments have more than enough to do just to stay on top of their own work! But especially in the field of ediscovery, case precedents establish how the rules are applied and what businesses must do to conform with best practices, especially regarding spoliation.

In this webcast we’re doing the heavy lifting for you, summarizing half a dozen recent cases and explaining what the parties got wrong so you can learn from their mistakes. We’re taking a hard look at preservation and spoliation of evidence: how spoliation happens, how to avoid it, and how to request sanctions if you think your opponent has lost data. In the process, we’ll explain the best practices that would have helped the parties avoid the headlines and set out how you can apply those practices in your own business.



Hon. Frank Maas

Former U.S. Magistrate Judge for the Southern District of New York

Frank Maas served for 17 years as a U.S. Magistrate Judge for the Southern District of New York, including a two-year term as Chief Magistrate Judge. Before his appointment to the bench, Judge Maas was a federal prosecutor in the Southern District of New York, a partner in the New York City office of a large commercial litigation law firm headquartered in upstate New York and First Deputy Commissioner of the New York City Department of Investigation. He is a frequent speaker at the Conference on Preservation Excellence, Electronic Discovery Institute Leadership Summit and other venues.

David Cohen

Practice Group Leader for Reed Smith’s Global Records & Ediscovery Group

David Cohen is the Practice Group Leader for Reed Smith’s Global Records & Ediscovery Group. He has over 30 years of commercial litigation experience in a variety of subject matters and was named a Pennsylvania “Super Lawyer” in litigation from 2013 to 2015. Cohen serves as special ediscovery counsel in many cases, represents companies in complex litigation matters and also counsels clients on records management and litigation readiness issues.

Cortney Starble

Ediscovery Manager

Cortney Starble is the Ediscovery Manager at CBRE, the largest commercial real estate services and investment firm in the world. Based in Los Angeles, California, CBRE operates in more than 450 offices worldwide and has clients in more than 100 countries. Cortney and the team she leads apply modern technology and strategy to manage ediscovery collections and processing and legal holds for most small litigation matters in house.

Brad Harris

Vice President of Corporate Strategy, Zapproved LLC

Brad has more than 30 years of experience in the high technology and enterprise software sectors, including assisting Fortune 1000 companies enhance their ediscovery preparedness through technology and process improvement. Brad is a frequent author and speaker on data preservation and ediscovery issues and is a member of The Sedona Conference. He has published articles in The National Law Journal, Corporate Counsel, and Information Management and presented at leading industry events, such as Legaltech New York. He also serves as Conference Chair for PREX, Zapproved’s premier conference for in-house ediscovery professionals.