Category Archives: eDiscovery

eDiscovery Fundamentals CLE

Despite the increased importance of eDiscovery in today’s legal world many attorneys still don’t even know the basics… what’s ESI??? How do you respond to a litigation hold? What are native files?

What is ESI??

If you’re a trial attorney and you don’t know what ESI is… then you need to take this CLE course!

In today’s electronic world, being prepared to properly respond to eDiscovery demands can make or break your client’s case – and your litigation budget. In this CLE course Alex Marjanovic and Greg Mahoney show you the most efficient way to respond to eDiscovery by discussing the key terms you need to know to get results, litigation holds and the three primary methods that firms are currently handling e-discovery. To access the course please click here: eDiscovery Fundamentals.

Three Primary eDiscovery Methods

Alex and Greg also review the three primary eDiscovery methods and  provides a cost benefit analysis and the potential for sanctions with each of the three methods (1) Review on your computer (2) Review hard copy of ESI and (3) Review in database. The analysis of the three methods is conducted with the use of a sample data set that could be found in any litigation matter today.

Alex Marjanovic is the Managing Partner of Sales at Epiq, a national and international provider of electronic discovery services, with responsibility over the Southwestern States of the U.S. He has had extensive experience with electronic and paper-based discovery and related litigation production/discovery matters over the past 14 years. Greg Mahoney is the Director of Legal Solutions at Epiq Global. He collaborates with law firms, government agencies and corporations throughout the eDiscovery process.

This CLE course is offered in the following states:

Alaska (AK)

Arizona (AZ)

California (CA)

Connecticut (CT)

District of Columbia (DC)

Illinois (IL)

Maryland (MD)

Massachusetts (MA)

Michigan (MI)

Missouri (MO)

New Hampshire (NH)

New Jersey (NJ)

New York (NY)

North Dakota (ND)

Pennsylvania (PA)

South Dakota (SD)

Attorney Credits offers CLE for attorneys in Illinois and around the country. For more information about CLE in Illinois please click the following link: IL CLE.

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New CLE Course on Avoiding and Obtaining Discovery Sanctions When Dealing with ESI

You’re involved in international litigation representing a local company that sold high tech electronic equipment to an English firm. As soon as discovery starts, the English company claims that four key employees no longer work at the company and they can’t locate their smartphones, laptops and other company devices. With the help of your expert, you eventually realize that all four people are still employed at the company and you get a termination order from the judge due to their dishonesty.

ESI – Discovery & Sanctions

Julie Thorpe-Lopez was not an expert on eDiscovery when the case began – and she wasn’t an expert when it finished either. But she was savvy enough to “know what she didn’t know.” With the help of eDiscovery expert Ryan Maxwell, she was able to leverage an incredibly favorable outcome for client in what looked like a losing case.

In this CLE course, Julie Lopez and Ryan Maxwell will detail how to obtain ESI in eDiscovery and how to avoid sanctions when producing ESI. Julie and Ryan will mainly discuss the attorney’s duty to preserve ESI, ESI best practices and sanctions for failing to properly handle electronically stored information. To access this course please click here: ESI Basics: Avoiding and Obtaining Discovery Sanctions.

Julie and Ryan will also discuss:

  • Scoping
  • Documentation
  • Defensible collection
  • Potential testimony
  • The Electronic Discovery Reference Model (EDRM)
  • Questionnaires/interviews
  • Data sources
  • Metadata
  • File systems
  • Defensible discovery
  • Motions to compel
  • Motions for sanctions
  • Using a discovery referee
  • Hiding electronic evidence

Julie Thorpe-Lopez is a Partner with Tatro & Lopez, LLP, and mainly represents clients who’ve suffered personal injury as a result of motor vehicle collisions, elder abuse and medical malpractice. Ryan Maxwell directs Epiq’s team of computer forensics analysts in southern California and manages the purpose-built computer forensics laboratory which he designed and established.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • Missouri (MO)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers CLE for attorneys in California and around the country. For more information about CLE in California please click the following link: CA CLE.

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New CLE: Cell Phone Location Evidence for Lawyers

Your client is arrested for robbery. Like everybody that walks into your office, he claims he didn’t do it. He says he was at the park with his kid at the time of the crime. Wisely, you turn to the information stored on his iPhone to show that he was nowhere near the scene of the crime because you can show that his phone was searching for WiFi connections around the houses next to the park.

Cell Phone Location Evidence

Call Detail Records (CDRs) and cell phone location evidence have become crucial evidence in many civil and criminal trials.

In this CLE course, Larry Daniel will teach you how cell phones work and how CDR and location evidence is used in legal cases – from insurance fraud to murder. In addition, Larry will cover tactics on how to locate cell phones and cell phone records and he will show you how to challenge the methods of analysis and the qualifications of persons who will testify about this evidence. To access the course please click here: Cell Phone Location Evidence for Legal Professionals.

These topics are also addressed:

  • How to get CDRs from Verizon, AT&T & Sprint
  • How CDRs are used and what they contain
  • How to generate cell phone location maps
  • Retention
  • Records
  • Prepaid “burner phones”
  • Getting the records
  • Cell phone registration
  • How the phone chooses a tower
  • Sector layout & azimuth
  • Cell tower coverage
  • Cell tower sectors
  • Key case law

Larry Daniel is a digital forensics examiner and cellular records analyst with Envista Forensics. He has testified over 45 times in state and federal courts and is one of the top digital forensic examiners in the U.S., with experience in hundreds of civil and criminal cases involving all types of digital evidence, from computers to black boxes to cell phones.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • Missouri (MO)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers CLE for attorneys in Illinois and around the country. For more information about CLE in Illinois please click the following link: IL CLE.

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What CLE Courses Do YOU Want To See??

We get extremely busy around the end of the year and through January.  This is due to the fact that a number of states have December 31 deadlines and California has a January 31 deadline.  Once we get through our super busy period, then we switch gears and start calendaring more CLE tapings for the new year.
Well, it’s that time of the year again!  We will soon be cranking up the taping schedule and bringing you all kinds of new CLE courses for 2018.  My question to you… what CLE courses do you like to study OR what courses would you like added in 2018?  Let us know so we can bring you what YOU want to see!!

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New CLE Courses Added!!!

At Attorney Credits, we recognize that we live in a fast paced, ever-changing world.  Every new day brings new inventions, new fads and emerging trends in the practice of law – from utilizing cloud technology to drone law.

New CLE Courses:

  • A Practical Approach to 1031 Exchanges
  • A Sneak Peek at the Possible New Rules of Professional Conduct
  • Appellate Oral Arguments: Nuts and Bolts and “Do’s and Don’ts”
  • But I Only Had Two Beers!!
  • Civility and Professionalism: Gender and Culture Bias in the Legal Profession
  • Counseling Your Business Clients on Trademarks
  • Crafting a Simple and Effective Closing Argument
  • Dealing with Cognitive Bias in Trial from Voir Dire to Deliberations
  • Don’t Give Up 5 Minutes Before the Miracle
  • Estate Planning 101
  • Evidence: Advocacy and Artistry in the Courtroom
  • From Harry Ellis to Trump: The Ethics of Federal Disqualification Motions
  • How to Negotiate with the IRS in Collections and For Audits
  • Prosecuting Trademark Applications
  • Representing Disabled Veterans Before the Department of Veterans Affairs
  • The Phone Knows All: Cell Phones, CDR Reports and GPS Tracking for Attorneys

For that reason, we are constantly adding new CLE courses to keep up with new changes and developments in the law.  Our goal is to keep you as current as possible so you can best serve your clients!  For more information about Illinois CLE please click here: IL CLE.

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New CLE Course on Evidence & Hearsay at Trial: Advocacy and Artistry in the Courtroom

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Do you know that attorneys have a super power? Attorneys have the super ability to turn information into evidence. From motions in limine to cross examination, your ability to turn information into admissible evidence (or have important evidence excluded) will have the greatest impact on your client’s success at trial.

While the definition of evidence may seem straightforward, preparing and presenting evidence can be extremely tricky…. even for seasoned legal practitioners.

In this CLE course, the honorable Michael B. Orfield (ret.) provides his unique perspective spent from his years on the bench to help you hone your super power of turning information into admissible evidence. The main evidentiary topics addressed include motions in limine, demonstrative evidence, jury notebooks, mini opening statements, relevant vs. unduly prejudicial evidence, direct & cross examination, refreshing the recollection of a witness, rebuttal & impeachment and hearsay evidence. While this course refers to the evidence code of California, numerous practice points will be introduced and discussed that can be deployed by legal practitioners around the country. To access the course please click here: Evidence: Advocacy and Artistry in the Courtroom.

Further topics discussed in this CLE course include:

  • Knowing your court & judge
  • Leading lay witnesses on direct & cross
  • Coaching witnesses
  • Witness credibility
  • Non verbal statements
  • Silence as a statement
  • Evidence offered for the truth of the matter asserted

The Honorable Michael B. Orfield (Ret.) was a jurist for 20 years, mostly as a civil independent calendar judge and he now serves as a mediator and arbitrator with Agreement.com. The Honorable Harry Elias has been a Superior Court Judge for the County of San Diego for over twenty years. Judge Elias presides over both juvenile and criminal cases.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers CLE for attorneys in Illinois and around the country. For more information about CLE in Illinois please click the following link: IL CLE.

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CLE: Ethical Issues in Social Media and eDiscovery

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Social media offers attorneys and law firms the opportunity to build credibility & trust with clients, uncover relevant facts & information about cases, clients and opposing attorneys, and to bring in new business. Unfortunately, social media also creates many new ethical pitfalls for attorneys. Law firms, attorneys, and staff must ensure that their online activities adhere to ethical and professional rules of conduct – even without the guidance of specific electronic ethical rules.

Ethics 2.0

  • Can you list specialties or endorsements on your LinkedIn page?
  • Is it ethical to send a Facebook friend request to an individual involved in pending litigation?
  • Can you ethically advise clients to remove tweets from their Twitter account on the eve of trial?

In this timely presentation, attorneys Kathryn Konzen and Ross Mecham provide best practices for the ethical use of social media, offer practical ethical guidance regarding common scenarios and highlight situations & online activities to avoid. The main ethical duties covered include the Duty of Competence, candor & fairness to the court & opposing counsel, the duty to supervise, requesting & producing documents & data, accuracy of discovery certifications and protection of the attorney-client privilege. To access the course please click here: Ethical Issues in Social Media and eDiscovery.

Further issues discussed in this CLE:

  • Ethical pitfalls & risks
  • FRCP Rule 1
  • Zealous advocacy
  • ABA Model Rule 1.1 & the Duty of Electronic Competence
  • Examples of unethical online conduct
  • Examples of ethical/unethical advertising
  • Website disclaimers
  • Retention
  • Inadvertent formation of the attorney-client relationship
  • The Duty of Confidentiality
  • Avoiding online Conflicts of Interest
  • Recruiting
  • Investigation
  • Facebook
  • Twitter
  • Blogging about prior cases
  • LinkedIn
  • Examples of social media policies
  • Ethical references & citations

Kathryn Konzen joined DTI in 2014 as a Regional Business Development Executive, and returned in 2016 after going in house with a law firm as the Director of Business Development and Litigation Technology. She is a California licensed attorney that focuses on efficient and cost effective solutions for her clients when dealing with electronic data, whether it is for a government investigation, litigation matter, or internal issue. Kathryn has presented various CLE programs on such topics as Managing ESI, Ethics in Social Media, and Ethical Issues of eDiscovery. Ross Mecham is an eDiscovery Consultant with DTI. He helps law firms and corporate legal departments understand and manage their eDiscovery needs, using technology and efficient workflows to reduce risks and costs while increasing deliverable quality. An attorney with over a decade of experience across all phases of electronic and paper discovery, his career spans state, federal, and international matters, as well as the development of internal corporate discovery practices. His prior cases include intellectual property, employment, and business tort actions, data breach and internal investigations, and regulatory requests.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers CLE for attorneys in New York and around the country. For more information about CLE in New York please click the following link: NY CLE.

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CLE Course on the Importance of Mobile Phone Forensics in Litigation

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For many of us, the only time we’re not using your smartphone is when we are taking a shower – and I have to admit to checking my fantasy football scores in the shower. If you are like me, your smartphone is a text messaging device and a phone… and it’s also an Internet browser, a GPS device and the easiest way to send emails and check our stocks. Other people use their smartphone to post content to Facebook, Snapchat, Twitter, Vine, Instagram, Youtube and other social media and content sharing websites. We now live our lives through our phones, tablets and other mobile devices.

Mobile Phone Forensics

From a business and legal standpoint, the preservation and collection of electronically stored information (ESI) is central in today’s litigation landscape and is only complicated by smartphones and other mobile devices. Emails, presentations, spreadsheets, memos and even pictures & video can all be potentially responsive data sources. The challenge with this type of electronically stored information (ESI) is that it is often stored in a myriad of systems and mobile devices, and each system has its own preservation and collection nuances.

In this course, attorney and global eDiscovery & cyber forensics expert Paul Connolly describes the current landscape of mobile information collection and preservation and answers the vexing question of why attorneys so often overlook mobile data in the context of eDiscovery. Paul mainly discusses why collecting the data can be ethically challenging, expensive & potentially awkward, and he also provides some proactive policy and protocol ideas to bring clarity to your practice and electronic discovery of mobile devices.  To access the course please click here: Our Phones, Ourselves: The Importance of Mobile Phone Forensics in Litigation.

Additional topics covered in this CLE course include:

  • The prevalence of discoverable data on mobile devices
  • How preservation of employee text messages & other mobile data is frequently overlooked or botched
  • The practical issues faced when collecting data
  • Ethical complications
  • Privacy questions
  • Company BYOD (Bring Your Own Device) policies
  • Shadow BYOD policies

Paul K. Connolly is an attorney and Global E-Discovery & Cyber Forensics Expert with Duff and Phelps in Santa Monica, California. He has extensive case and workflow management responsibilities and handles internal investigations and “front page” enforcement actions by federal securities and antitrust regulators. Paul often works closely with internal counsel and compliance departments at international banks.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • Missouri (MO)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers continuing legal education (CLE) for attorneys in New York and around the country. For more information about CLE in New York please click the following link: NY CLE.

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New CLE Course on Ethics & ESI

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Whether you’re in private, government, or corporate practice, you’re likely to deal with ESI (Electronically Stored Information) for a variety of transactional, litigation and business purposes. And as new technologies are developed and then become integrated into society and the practice of law, an attorney’s obligations under the ethical duty of competence continues to evolve. At a very minimum, attorney competence generally requires a basic understanding of, and facility with, issues relating to eDiscovery and the proper discovery of electronically stored information (ESI). The duty of competence may require a higher level of technical knowledge and ability depending on the e-discovery issues involved in a given matter and the nature of the ESI involved.

Failing to adhere to ethical standards in eDiscovery can lead to fines, reduced verdicts and even suspension from the practice of law.

In our brave new electronic world, digital pitfalls are truly lurking everywhere and this program will assist you in understanding the do’s and don’ts of eDiscovery by covering a number of pertinent ethical rules and recent case law in the area. This CLE program will mainly explore your ethical obligations in these areas: competence, the attorney-client privilege, client confidentiality, knowing where to look for ESI and intentionally withholding ESI. To access the course please click here: Ethics & ESI: Pitfalls and Practical Tips For the Wary Practitioner.

Further issues discussed in this CLE course include:

  • Rules of Professional Conduct
  • The Business & Professions Code
  • The ABA Model Rules
  • The Stored Communications Act
  • The I “heart” Hot Moms case
  • Electronic spoliation
  • Intentionally deleting electronic evidence
  • Removing Facebook photos & other social media evidence
  • Innocent deletion
  • Social media’s indefinite half life
  • Emails & the attorney client privilege
  • The work product doctrine
  • The responsibilities of partners & supervisory lawyer
  • The responsibilities of a subordinate lawyer
  • Responsibilities regarding nonlawyer assistance
  • Withholding electronic documents & emails
  • Qualcomm Inc. v. Broadcom Corp.
  • The penalties for failing to live up to ethical standards when conducing eDiscovery

Eric R. Deitz devotes much of his practice to the defense of attorneys and other professionals sued for malpractice. He also practices complex, estate and appellate litigation. Eric’s published opinions include In re Harris, 590 F.3d 730 (C.A.9, 2009) and Woolverton v. McCracken, 321 Ill.App.3d 440 (2001). Eric has tried multiple cases to verdict, including a statewide class action in California Superior Court. He also lectures on legal ethics, e-discovery, and document retention practices and policy. A member of the invitation-only Legal Ethics Committee of the San Diego County Bar Association, Eric currently serves on the committee’s executive board. Since 2013, Eric has been recognized by the Southern California edition of Super Lawyers® in the area of Professional Liability Defense.

This CLE course on ethics & ESI qualifies for legal ethics credit and is currently accredited in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Jersey (NJ)
  • New York (NY)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers continuing legal education (CLE) for attorneys in New York and around the country. For more information about CLE in New York please click the following link: NY CLE.

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New CLE Course on Ethics & Technology

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In a very short period of time technology has revolutionized society and has forever changed the practice of law. The days of burying your head in the sand and hoping that technology all just goes away are over – whether you like it or not, technology is here to stay. ESI, metadata, litigation holds, friending potential witnesses… lawyers now need to understand and be well-versed with technology in order to fully represent their clients, get the best outcome at trial and avoid discipline and malpractice lawsuits.

Failing to grasp these new technologies in your everyday practice can lead to ethical violations, malpractice lawsuits and even disqualification.

In this new CLE course Ed McIntyre provides ethical guidance for fellow trial attorneys by reviewing three different hypothetical case examples based on the following subjects: electronically stored information (ESI) & the litigation hold, the inadvertent disclosure of documents and friending people involved in a lawsuit. To access the course click here: Ethics and Technology for the Trial Lawyer.

Further topics covered by Mr. McIntyre include:

  • Why we should care about ethics & technology
  • The applicable laws & codes
  • The evolution of technology
  • ESI (electronically stored information)
  • The Zubulake series of cases
  • Model Rule 1.1, Model Rule 1.6(c)
  • Rico v. Mitsubishi
  • Attorney client privilege
  • Attorney work product
  • Model Rule 4.4(b)
  • Disqualification
  • Public vs. private Facebook pages
  • Googling the jury

Edward J. McIntyre, Esq. is a litigation partner and general counsel for Solomon Ward Seidenwurm & Smith, LLP where he practices complex business litigation in federal and state courts. He also advises and represents attorneys on issues of professional responsibility, risk mitigation and professional negligence. Mr. McIntyre is an expert on the topic of professional responsibility. He testifies as an expert witness in court, writes a monthly column on professional responsibility in the San Diego Lawyer Magazine and frequently lectures on this topic. He is also a member and chair of the San Diego County Bar Association Legal Ethics Committee and received the 2013 Top Lawyers of San Diego distinction.

This CLE course on ethics & technology is currently accredited in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Jersey (NJ)
  • New York (NY)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers continuing legal education (CLE) for attorneys in California and around the country. For more information about CLE in California please click the following link: CA CLE.

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