June 13, 2012

LSI co-hosts conference on electronic discovery issues

Posted: June 13, 2012
Hon. John M Facciola

The Center for Law, Science & Innovation at the College of Law on May 23-25 co-hosted a conference, “eDiscovery and Digital Evidence: Focusing on the Convergence of Law and Technology,” in Armstrong Hall.

The conference focused on legal and technological issues in the discovery of electronically stored information (ESI), the principles, strategies and tactics of ESI discovery, and cutting-edge practical realities of e-discovery. Co-sponsored by the LawCLE Center in Tempe, the conference assisted more than 100 attorneys, law-practice support personnel, service providers and other legal professionals learn about effective ways to handle e-discovery within corporate, government and nonprofit environments and during litigation.

The keynote address was delivered by the Hon. John M. Facciola, a U.S. Magistrate Judge in the District of Columbia. Judge Facciola, a frequent lecturer on e-discovery and member of the Board of Directors of the National Judicial Center, was presented during the conference with the eDiscovery and Digital Evidence National Treasure Award in recognition of his outstanding and innovative educational leadership.

Sessions at the conference addressed common technological issues surrounding the identification, collection, preservation, filtering and review of electronic information, focused on defensibly and economically handling ESI issues in discovery, and examined case law in e-discovery, among other topics.

Primary sessions included:

• “All Things Considered: A Look at Trending Case Law,” an analysis and debate on recent court opinions and expected future opinions by the courts.
• “Future Search: Predictive Coding and Prioritized Review,” a look at the decision in the Monique Da Silva Moore v. Publicis Groupe & MSL Group case and what it holds for the future of computer-assisted search techniques.
• “Preservation, Proportionality and Procedural Rulemaking,” a view of Pippins v. KPMG LLP, and the “preserve everything” mentality.
• “Atypical Discovery: Be Careful what you Wish for,” an examination of the authentication of nontraditional documents, such as those from social networking, at trial.
• “A View from the Bench,” a panel of judges discussing the issues of electronic discovery.

Carrie Morales, carrie.morales@asu.edu
(480) 965-8702
Sandra Day O'Conner College of Law