March 2014 - E-Discovery

Things You Should Know

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Section Annual Conference 
We are thrilled to invite you to attend ABA Section of Litigation, Section Annual Conference, which will be held April 9-11, 2014 at The Phoenician, in Scottsdale, AZ. The conference will offer over 45 CLE sessions, 9 networking events and will feature over 150 of the nation’s most respected judges, academics and trial lawyers, with the latest in trial advocacy. Our keynote speaker will be Janet Napolitano, former Secretary of the Department of Homeland Security. Scottsdale offers an abundance of activities and services to create a unique experience for everyone, including desert tours, flat-water rafting, Hummer tours, and horseback riding. Contact the local destination management company, GEP Arizona for group rates for 2014 Section Annual Conference attendees.



We look forward to seeing you at this remarkable conference in one of the finest resorts in the United States. This Section Annual Conference promises to be a spectacular event!

Call for International Human Rights Award Nominations
Nominations for the ABA Section of Litigation International Human Rights Award are now being accepted. The International Human Rights Award is intended to honor and give public recognition to an individual who has made a special contribution in the area of human rights in a foreign jurisdiction. Nominations are due March 14, 2014. Visit the International Human Rights Award page for more details or submit your nominee now.

Public Service: Military Pro Bono Project
The ABA Military Pro Bono Project, launched in 2008, is one-of-a-kind, web-based venture that improves access to pro bono civil legal assistance for activity duty military personnel (LAMP), including active-duty members of the National Guard and Reserves, while expanding opportunities for firms and attorneys to provide pro bono services. Learn More

Theme of the Month: E-Discovery

Next Month's Theme: Legal Technology


The Section has many resources to assist litigators. The theme of this month's email is E-Discovery. Here’s a sampling of materials on E-Discovery.




The Top Five Things Every Young Lawyer Should Keep In Mind About e-Discovery
By Jennifer Olmedo-Rodriguez
Technology quickly evolves and impacts our day-to-day personal lives in unexpected ways. Read More


Keeping Your Data, Not Your Head, In the Cloud
By Jason M. Rosenthal
More and more businesses, including law firms, are storing their data in the cloud. Knowing the risks can help minimize the figurative storms that can result from the off-site storage and management of data. Read More


Big Data: Control It Before It's Too Late
By Robert Grande
Big data is the term used to describe a collection of data sets so large and complex that it is difficult to process them using conventional database management tools or data processing applications. Read More



Court Imports E-Discovery Best Practices to the FOIA Realm
By Ian S. Clement
Judge Shira A. Scheindlin of the U.S. District Court for the Southern District of New York issued a comprehensive decision discussing the adequacy of the government’s response to the plaintiffs’ FOIA request and included a detailed discussion of advanced e-discovery techniques.


One E-Discovery Trap and How to Avoid It
By Charles S. Fax
Most moviegoers are familiar with the film The Social Network, which chronicles the advent of Facebook and the Winklevoss twins’ lawsuit claiming Mark Zuckerberg stole their idea.


E-Discovery's "Prime Principle" for the Rule 26(f) Conference
By William Hamilton
It may sound like the operational paradigm for a future human civilization, but the “prime principle” should be the prime directive for e-discovery disputes here and now.




Managing E-Discovery and ESI: From Pre-Litigation through Trial
The legal landscape, and litigation, have changed markedly in the last decade. Venerable concepts, like the duty to preserve relevant information, production and review of discoverable information, authentication, and introduction of evidence, have had to adapt to email, metadata, thumb drives, "smart phones," the internet, web pages and more. The explosion of information itself sometimes paradoxically has made clear, neutral guidance difficult to find.
Read More


The Ethics of E-Discovery
By John M. Barkett
E-discovery has shaken up litigation across America. Judges are dealing with e-discovery issues unheard of ten years ago. Arbitrators are trying to figure out its impacts in international and domestic arbitration. Lawyers are working their way through a new and ever-changing field that is creating significant ethical and malpractice concerns.
Read More


E-Discovery: Twenty Questions and Answers
By John M. Barkett
This concise book examines recurring issues in the area of e-discovery in an accessible question and answer format. It offers insight into the thorny issues and references specific cases to make your research quicker and easier. It provides much-needed clarity on the issues that you see again and again in e-discovery.
Read More



Sound Advice shares the experience and collective wisdom of some of finest legal minds in the world. Easy access to such a vast collection of knowledge will be useful and enjoyable. Sound Advice helps you become a better lawyer. Listen. Learn. Improve. Access our entire Sound Advice library.


Top Ten Tips of Right-Sizing E-Discovery
By Diane Rupprecht & Lenor Marquis Segal
Two expert litigators discuss the unique challenges of right-sizing e-discovery cases, with special emphasis on cost efficiency, flexibility, and scalability, through a strong client relationship and cooperation with opposing counsel. (05:59 min)




Firsthand E-Discovery Surprises with Practical Tips

By Claudia T. Morgan E-discovery is constantly evolving. I have been an attorney for almost 15 years and have worked in the field of e-discovery since before the term "e-discovery" was coined.
Read More





April 9–11, 2014
Section Annual Conference
The Phoenician Resort, Scottsdale, AZ


April 9, 2014
Anatomy of a Trial: The Trial of Wyatt Earp at Section Annual Conference
The Phoenician Resort, Scottsdale, AZ





videoThe Power of Preparation – Nancy Degan, New Orleans, LA
Abraham Lincoln once said that if he had eight hours to chop down a tree, he’d spend six sharpening his axe.  As litigators, we can learn a lot from this quote. There’s nothing like preparation to make the difference when you’re getting ready for trial or presenting an argument to the court. Listen closely as Nancy Degan shares her tips and insight on the power of preparation.
Watch the Video


videoWork Backwards and Argue in Threes – Hon. Mark A. Drummond, Circuit Court, Eighth Judicial Circuit of Illinois, Quincy, IL
Judge Mark Drummond has a theory on how an attorney can be most effective when presenting a case.  He believes that the attorneys who've tried a lot of cases and has a lot of experience at trial work backwards and that they work in the structure of three(s).  Explore Judge Drummond’s theory in this video and discover how working backwards and arguing in three(s) can make you a better attorney.
Watch the Video


To view more Trial Advocacy Tips, visit the Section of Litigation YouTube Channel.




Committee Roundtables are a FREE member benefit that allow you to call in from anywhere to hear live programs on a host of topics, such as the ramifications of a recent court case or legislation, developing a new practice area, trial tips, Q&A with a judge, creating personal marketing plans, coping with difficult opposing counsel, and balancing professional and personal life. Learn More


The Mightiest Pen: Effective Motion Practice
Presented by the the Young Advocates and Products Liability Committees
Thursday, March 27, 2014, at 3:00 p.m. Eastern

Register Now!


Unaccompanied Immigrant Youth Alone in the Courts
Presented by the Children's Rights Litigation Committee
Tuesday, April 1, 2014 at 1:00 p.m.—2:00 p.m. Eastern

Register Now!