NO CLE - ESI and Ethics: How to Avoid Sanctions — and Worse

Emails, text messages, Snapchat: Nobody ever calls anymore. Firing off an email three minutes after somebody made you angry gives rise to any number of issues, one of them being that once the “send” button is hit, electronically stored information (ESI) is created. This panel will discuss the ethical duties to preserve and the discovery duties to produce ESI, and remedies for violations of either — including the duty to refrain from obstruction of access to evidence, the ethical duty to refrain from unlawful alteration or destruction of evidence (spoliation), and the duty to make diligent efforts to comply with discovery requests. Also covered will be the necessary protocols that clients should have in place prior to litigation, remedies for failure to preserve ESI under Fed. Rule Civ. P. 37(e), and other remedies for discovery violations. Amendments to Rule 37(e) (effective December 2015), as well as courts’ and litigants’ experiences with amended Rule 37(e), will also be discussed.

Free Session

Users are required to log in before viewing this recording. ABI Members please log in on the right with your username and password. Your audio or video will be available immediately.

If you are NEW to the site, please create an account now to access the audio or video.

If you are having trouble with log in or creating an account contact us at [email protected]