New York State Bar Association CLE program - Reasonable, Ethical and Defensible E-Discovery: A Practical Approach
The NYS Bar recently presented a program on "Reasonable, Ethical and Defensible E-Discovery: A Practical Approach." Our NYS Bar E-Discovery Committee sponsored this event, together with the CLE Committee and the Law Practice Management Committee. This program was organized by Connie Boland of Nixon Peabody, Adam Cohen of Ernst & Young, Sandra Rampersaud of Cravath Swaine & Moore and Jessica Perazzelli Ross of Latham & Watkins.
To a packed house graciously accommodated by Latham & Watkins, three panels comprised of the nation's E-Discovery gurus presented. The first group (Connie Boland of Nixon Peabody, Christopher Costello of Winston & Strawn, Jessica Ross of Latham & Watkins and Farrah Pepper, the GC of GE) spoke about "Model E-Discovery Orders." They introduced the audience to the model e-discovery rules in use in Federal Court (SDNY) and State Court (NY, Commercial Division) and explained how to use such rules in a practical manner in one's practice.
The second group of panelists (Steven C. Bennett of Jones Day, Judge Ira Warshawsky (now with Meyer Suozzi) and Professor Patrick Connors of Albany Law School) spoke about "Ethics in E-Discovery." The primary areas covered were lawyer competence ("get up-to-speed on e-discovery and tech issues, if relevant to your case"); inadvertent disclosure ("enter into a claw-back agreement"); and supervision of non-lawyers ("you're still responsible").
The third panel covered the "Role of E-Discovery Counsel - Perspectives from the Bench and Bar." The esteemed panelists were Adam Cohen of Ernst & Young, Sandra Rampersaud of Cravath, Swaine & Moore, Andrew Evan Roth of SNR Denton, Judge Frank Maas of the SDNY and Judge Ronald Ellis of the SDNY. The premise was that there's a crucial role for a new breed of attorney specialists for law firms and corporate legal departments, that of "E-Discovery Counsel" or the like, who can guide firms and companies through the quick-changing maze of E-Discovery law and compliance.
The above sheds just a ray of light on the incredible practical advice given to the Bar by these learned panelists. For a more fulsome explanation, feel free to contact the State Bar for the webinar information. Also, the course materials are linked here.
Craig Brown is President of B3 Legal, a national contract attorney and paralegal staffing firm. He is a former Litigation and Antitrust Associate with Kaye Scholer and Litigation Partner with McLaughlin & Stern.