On March 22, the Litigation Committee held an Ethics CLE with Judge James Francis, hosted by BakerHostetler. The panel, featuring Judge James Francis and BakerHostetler Partner Karin Scholz Jenson, was moderated by AABANY Director and former Litigation Committee Co-Chair Tristan Loanzon. Discussing ethics in e-discovery, the topics covered included the recent changes to the FRCP and more specifically considerations in initial stages, duty to preserve, cooperation, proportionality, and search methodology. The CLE offered 1.5 Credits in Ethics, and was attended by approximately 50 people.
Thank you to the specialists for their expertise, BakerHostetler for hosting, our Litigation Committee Co-Chairs Carolyn Cornell and Dai Wai Chin Feman for organizing, and everyone who attended.
Jennifer from BakerHostetler and Litigation Co-Chair Carolyn collating written materials for tonight’s CLE with… https://t.co/ALCi6EIGJH
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To get to 45 Rockefeller Plaza, enter the Plaza between Fifth and Sixth Ave on 51st Street. It’s the first… https://t.co/H7bhoseAtg
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Thanks to @ksjenson, Judge James Francis, and Tristan Loanzon for their expertise in e-discovery ethics! pic.twitter.com/mHYtcaYc3D
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Our evening’s panel of experts! Left to right: Karen Jenson, Judge James Francis, and Tristan Loanzon. https://t.co/XBFEAvlY6A
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“It’s our obligation as attorneys to be competent, but it’s hard to know what that means in e-discovery.” -Tristan pic.twitter.com/mUwbIReBNg
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“Proportionality is getting more prominent in Amendment 26 to the FRCP. It’s always been there, but it’s been misinterpreted.” @ksjenson
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“You must provide specificity in objections under Amendment 34. Case law also said blanket objections have been out for a while.” @ksjenson
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Courts recognize that sometimes 30 days is not reasonable to produce all documents, and they don’t balk at rolling deadlines. -Hon. Francis
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37E was the safe harbor, but it wasn’t all that safe. It hasn’t been used successfully more than a few times. -Hon. Francis
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“Don’t use opposing counsel’s e-discovery vendors.” -Tristan Loanzon
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