CLE – Early Case Assessment
What you need to know in order to understand your client's electronic data
In today’s legal environment, successful litigation management requires a methodical and well planned approach.
Understanding the underlying costs, merits of the case and makeup of the electronic evidence is crucial given the
compressed timelines dictated by the courts.
Performing an early case assessment (ECA) can provide valuable insight into all
of these areas and better prepare the litigation team for the “meet and confer” conference with the opposition. In fact,
failure to come adequately prepared can mean the loss of “inaccessibility” arguments and may in fact hamper downstream
discovery efforts.
In this 1 hour accredited CLE, we will cover a range of topics including:
- How to ensure that your client has taken appropriate steps to fulfill their preservation obligations
- Ways for outside counsel to work with the corporate case team to appropriately assess the case early in the litigation process
- How to effectively locate and analyze electronic information
- Tips to effectively build an inaccessibility or burden argument
- What current case law tells us about the necessity for early preparation
- How to leverage sampling strategies to develop “inaccessibility” arguments
- Ways to ensure that custodian and keyword selection decisions are accurate, right-sized and defensible
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