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The Sedona Conference Commentary on ESI Evidence and Admissibility

March 19, 2008     03:00pm - 04:30pm Eastern


Agenda


Panelists


During the last decade, the legal community has expended significant energy and focus on electronic data. A main focus has been on whether and under what circumstances a litigant must provide such data - known more formally as electronically stored information or "ESI" - to an adverse party. But as succinctly noted by a federal magistrate judge in a recent landmark decision, "it makes little sense to go to all the bother and expense to get electronic information only to have it excluded from evidence or rejected from consideration during summary judgment because the proponent cannot lay a sufficient foundation to get it admitted." Lorraine v. Markel American Ins. Co., 241 F.R.D. 534, 538 (D. Md. 2007). The legal community is beginning to grapple with whether and how ESI, once produced, can actually be authenticated and used as evidence at trial or in motion practice. This month, The Sedona Conference® Working Group 1 will publish a Commentary on ESI Evidence and Admissibility. The Commentary includes a brief survey of the applicability and application of existing evidentiary rules and case law, addresses new issues and pitfalls that are looming on the horizon, and provides practical guidance on the use of ESI in depositions and in court. This webinar will introduce the Commentary with observations by its editor, Kevin Brady, and three members of the Working Group 1 committee responsible for its drafting. And in the best tradition of The Sedona Conference®, participants will have an opportunity to engage in dialogue with the authors.

We are NOT seeking MCLE accreditation for this program.

Pricing:

$79 Working Group Members of The Sedona Conference®

$99 General Public

Watch This Seminar Now
CDs:
To purchase a CD of this program, please call 1-800-701-5161. Discounts
apply for program registrants.


Agenda   
Wednesday, Mar 19
Time              Session Panelists
03:00-03:15  
The lessons of Lorraine and In Re Vin Vinhee

The interplay of Evidence Rules 803(6) and 901

Understanding the 11-step foundation of Imwinkelreid

Special issues surrounding email, website postings, text messages, chat room content, computer-stored records and databases

Understanding the value - and limits - of technology to authenticate and secure ESI

Practical guidance for producing ESI in discovery and admitting ESI as evidence
   
04:15-04:30   Question and Answer Session    
 

Panelists   
Kevin F. Brady
Connolly Bove Lodge & Hutz LLP, Wilmington, DE
Conor R. Crowley
Daley & Associates, LLP, Kansas City, MO
James Shook
EMC Corporation, Alpharetta, GA
Jack M. Williams
Powell Goldstein LLP, Atlanta GA
Kenneth J. Withers
The Sedona ConferenceŽ, Phoenix, AZ