Nashville Area Event -
Time(s)11:00 p.m. - 11:00 p.m.
NASHVILLE AREA MEETING
Date: October 18, 2006
12:00 pm – 1:30 pm
*Lunch will be provided
Topic: The New Electronic Discovery Rules You Should Know, That Can Cost You
Lunch Sponsored by: Stratify, Inc.
Description: As has been widely covered in the press, a Florida jury awarded Ron Perelman $1.45 billion in compensatory and punitive damages in his lawsuit against Morgan Stanley. The case Coleman Holdings, Inc. v. Morgan Stanley & Co. raised the stakes considerably for noncompliance with discovery requests. This high-profile judgment resulted largely from the repeated mishandling of electronic discovery requests.
Since the new rules were put into place, we are now seeing the first cases such as the Phoenix Four, Inc. v. Strategic Resources Corp., 2006 WL 1409413 (S.D.N.Y. May 23, 2006), where the new E-Discovery Rules are being enforced. In this case, the court found that the defendant's counsel's deficiencies constituted "gross negligence" and ordered that the law firm share equally with defendants the cost of the monetary sanctions imposed under Rule 37(c)(1).
These cases are but a few examples of the results of glitches in responding to a discovery request, particularly when it comes to electronic document retention, location of relevant files, and the searching of electronic records. Almost every significant matter now imposes significant discovery demands on counsel. The scope of the extent of discovery continues to expand, often covering electronic documents, multiple data storage devices and foreign languages.
Michael S. Simon will lead this session that will focus on many of the critical steps necessary to understand the new rules and how they affect your cases. You will leave the meeting with an understanding of the new rules and some tips to ensure a winning discovery strategy.
Presenter: Michael S. Simon, Stratify’s Legal Associate, Client Development and Strategy, is an attorney and a former member of Practice Support and IT Project Management with the Chicago law firm of Winston & Strawn LLP. Prior to Winston & Strawn, Michael was the Chief Technology Officer of Oliver’s Cases, an Internet automated legal research firm. He has more than six years’ experience as a practicing litigation and labor and employment attorney in Chicago. One of his latest articles was “The New Role for Technical Teams in E-Discovery”, in the March 2006 journal of the International Legal Technology Association. He was the general editor of the award-winning "The Internet, Law and Business", by the Illinois Institute of Continuing Legal Education. He has been the featured speaker at numerous seminars and events. Mr. Simon received his J.D. from Loyola University Chicago School of Law, where he was a published author and an Editor-at-Large of the law journal. He received his B.A. cum laude from Tufts University, where he had two majors, neither of which has anything to do with what he does now.
Location: Baker Donelson Bearman Caldwell & Berkowitz
Commerce Center
Suite 1000
Nashville, TN 37219
Host: Cheryl Proctor
(615) 744-7389
cproctor@bakerdonelson.com