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Loyola University Chicago

Dan K. Webb Center for Advocacy

School of Law

Dispute Resolution Program: Special Event

2014 Training Dates TBA

Advanced e-Discovery Mediation Training

Illinois state and federal courts are developing e-discovery mediation programs to address the increasing number of discovery disputes arising from electronically stored information.  This two-day training program is designed to give experienced mediators the technical knowledge and tools they need to assist parties in resolving e-discovery disputes. Enrollment is limited to twelve participants in an effort to facilitate an individualized learning experience. 

Sponsored by the American College of e-Neutrals (ACESIN), Loyola University Chicago’s Dispute Resolution Program and the Center for Conflict Resolution

Register: To register please click here 

The training includes the latest topics and trends in e-discovery:

The American College of e-Neutral Instructors are Peter S. Vogel of Gardere, Wynne & Sewell LLP and Adjunct Professor of eCommerce Law and E-Discovery at SMU Dedman School of Law and Allison O. Skinner of Skinner Neutral Services LLC and Adjunct Professor of E-discovery at the University of Alabama School of Law.

 

DAY ONE:  FRI., APRIL 19, 2012

8:00 am - 8:30 am  Registration, Coffee and Welcome
8:30 am - 8:45 am

Outline Program

Define e-Neutral

8:45 am - 9:15 am

What is “ESI”?
Characteristics
Where Is It?
Social Media
Electronic Discovery Reference Model

9:15 am - 10:00 am Overview of the e-discovery amendments
Rules 16, 26, 33, 34, 37, and 45
Developing Concepts
Identifying Resulting Disputes 
10:00 am - 10:10 am Break
10:10 am - 11:00 am

Data Management
Working with Vendors
Working with Forensic Experts
New Reality for Law Firms & Clients

11:00 am - 12:30 pm

Preservation
Trigger Dates
Litigation Hold Letters
Preservation Letters
Records Retention/Destruction Policies
Zubulake cases
Pension Committee

12:30 pm - 2:00 pm  Lunch
2:00 pm - 2:45 pm Breakout Session I
2:45 pm - 3:45 pm

Rule 34(b)
Forms of Production
Metadata
National Day Laborer Case

3:45 pm - 4:15 pm Breakout Session II
4:15 pm - 4:30 pm

Rule 26(b)(5)
Privilege
Non-Waiver Agreements

4:30 pm - 4:45 pm Break
4:45 pm - 5:15 pm Breakout Session III 
5:15 pm - 5:30 pm Conclusion of Day I 

           

DAY TWO:  SAT., APRIL 20, 2012

8:00 am - 8:30 am Breakfast
8:30 am - 9:30 am

Rule 26(b)(2)(B)
Accessibility
Data Collection
Search Methodologies
Rule 34(a)
Testing/Sampling
Cost-Shifting
Review Applications
Early Case Assessment
O’Keefe

9:30 am - 10:00 am Breakout Session IV
10:00 am - 10:15 am Break
10:15 am - 11:00 am

Ethics
Non-Parties
Cross Border Issues
The Cloud

11:00 am - 12:00 pm

Rule 26(b)(2)(C)
Rule 16
Proportionality in Preservation
Proportionality in Production
Rule 26(g)(1)(B)
Meet & Confer
Custodian depositions
Victor Stanley II

12:00 pm - 1:00 pm Lunch
1:00 pm - 1:30 pm Breakout Session V
1:30 pm - 2:30 pm

Rule 37(e)
Safe Harbor Rule
Spoliation
Sanctions
Possession, Custody & Control
Scrubbing
Victor Stanley II
Rimkus
Pension Committee

2:30 pm - 3:00 pm Breakout Session VI
3:00 pm - 3:15 pm Break
3:15 pm - 4:00 pm

Conflict Resolution
Preparing an e-Mediation Statement
e-Mediator’s Report Special Master Appointments & Orders
Arbitrations
Marketing

4:00 pm - 4:30 pm Closing
Certificates of Completion

SUGGESTED READING:

Zubulake v. UBS Warburg, 217 F.R.D. 309 (S.D.N.Y. 2003) (Zubulake I)

Zubulake v. UBS Warburg, 216 F.R.D. 280 (S.D.N.Y. 2003) (Zubulake III)

Zubulake v. UBS Warburg, 220 F.R.D. 220 (S.D.N.Y. 2003) (Zubulake IV)

Victor Stanley Inc. v. Creative Pipe, Inc., 250 F.R.D. 251 (Victor Stanley I)

Victor Stanley, Inc. v. Creative Pipe, Inc., 269 F.R.D. 497 (D. Md. 2010) (Victor Stanley II)

United States v. O’Keefe, 537 F.Supp. 2d 14 (D.D.C. 2008)

Pension Comm. Of Univ. of Montreal Pension Plan v. Banc of Am. Sec., 685 F. Supp. 2d 456 (S.D.N.Y. 2010)

Rimkus Consulting Group, Inc. v. Cammarata, 688 F. Supp. 2d 598 (S.D. Tex. 2010)                

Nat’l Day Laborer Organizing Network v. U.S. Immigration & Customs Enforcement Agency, 10 Civ. 3488 (S.D.N.Y. Feb. 7, 2011)

Federal Rules of Civil Procedure 16, 26, 33, 34, 37 and 45

 

TRAINERS:

Peter S. Vogel: 

Peter S. Vogel has been involved with the computer industry and electronic data since 1967. Peter is a co-Founder of the American College of e-Neutrals.  Mr. Vogel worked as a mainframe programmer, a systems analyst, management consultant for companies acquiring computer technology and related services, and received a Masters in Computer Science. As a lawyer for the past 31 years, Mr. Vogel combines his technical and business background with his legal expertise to help companies with IT and Internet litigation, dispute resolution, and contract negotiation.

Mr. Vogel’s clients often seek his advice about practical business issues relating to electronic technology and the Internet, which often include ERP implementation projects, Internet security, website business management, outsourcing, software patents, copyright and trade secret protection. Because he is a seasoned IT professional with an accounting and marketing background, Mr. Vogel also often advises clients about IT and Internet financial and marketing issues. His experience as an Adjunct Professor in the Law of the eCommerce keeps him current on the fast moving evolution of the Internet. As a result, Mr. Vogel is often quoted in the media about Internet issues and crises.

Mr. Vogel is Chair of the Electronic Discovery, co-Chair of the Internet and Computer Technology Practice Group, and co-Chair of the Technology Industry Team at Gardere Wynne Sewell - where he helps clients maneuver business and technology issues through the legal mazes of electronic evidence, intellectual property, contracts, government regulation, and litigation. He assists many clients with electronic evidence issues and related planning of document retention policies.

Because of his unique background and expertise, Mr. Vogel is often appointed as a Special Master to assist Courts with electronic evidence and computer technology matters. He also serves as an Arbitrator and court ordered Mediator in Internet, intellectual property, and computer technology litigation.              

Allison O. Skinner:

Allison Skinner is a full-time neutral at Sirote & Permutt Mediation Center, in Birmingham, Alabama, which is one of the premier mediation facilities in the southeast.  Allison assists in all forms of mediation at the trial and appellate levels and is the first in Alabama to serve as special master for e-discovery in an Alabama civil circuit case.   Allison Skinner serves by appointment on the United States District Court for the Western District of Pennsylvania inaugural Panel of e-Discovery Special Masters (the first panel of its kind in the country).  Allison Skinner is recognized as the first in the country to be published on the subject of mediating e-discovery disputes in her papers entitled “Putting the ‘e’ in Neutral:  Promoting Cooperation with e-Neutrals,” DRI For the Defense (May 2011), "The Role of Mediation for ESI Disputes" published by DRI E-Discovery Connection Newsletter, (May 2009); IADC Alternative Dispute Committee Newsletter and The Alabama Lawyer (November 2009), and "How to Prepare an e-Mediation Statement," DRI E-Discovery Connection Newsletter (Summer 2010) and in various internet postings.  Along with Peter Vogel, Allison co-founded the American College of e-Neutrals, providing a directory of e-neutrals to the judiciary and litigants.  Allison teaches e-Discovery & Digital Evidence and Alabama Practice and Procedure (Advanced Civil Procedure Spring 2010) at the University of Alabama School of Law in Tuscaloosa, Alabama, and e-Discovery & Digital Evidence at Thomas Goode Jones School of Law, Faulkner University, Montgomery, Alabama.  For the academic year of 2011-2012, Allison will be a Visiting Professor at the Thomas Goode Jones School of Law, Faulkner University, Montgomery, Alabama teaching Evidence and e-Discovery.  Her e-Discovery class at Jones is the first three hour course on the subject in the country.  Allison authored the Teacher's Manual (August 2010) for Scheindlin, Capra and The Sedona Conference®, Electronic Discovery and Digital Evidence Cases and Materials (WEST 2008) casebook.  Allison lectures regularly on the topic of Alternative Dispute Resolution and e-Discovery and related issues for CLE programs, judicial conferences and non-legal organizations.  Allison is past President of the Birmingham Bar Association ADR Section and Secretary of the Alabama State Bar Dispute Resolution Section.  Allison is a Fellow of the Academy of Court Appointed Masters (one of three in the State of Alabama).  Allison was formerly a partner of Rumberger, Kirk & Caldwell P.C., a Florida based firm, where she handled complex litigation and served as the Administrative Partner of its Birmingham office.  Allison received her B.A., Phi Beta Kappa, at the University of Alabama and her J.D. from the University of Alabama School ofLaw.

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