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Discovery Issues (ESI) in Labor and Employment

Category: Materials

Member Price: $32

Non-Member Price: $40

Product Code: MI142424

Areas of Law: Labor & Employment

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CLE Credits

Seminar Handbook/Materials

This product is the original program handbook/materials that were provided to attendees of the program below.

Many of our handbooks are also available as CLE On-Demand videos. For more information on CLE On-Demand videos, please click here.

Faculty & Description Of The Seminar This Handbook Is From:
Faculty

Keynote

Moderator

Ayesha Krishnan Hamilton, Esq.
Hamilton Law Firm PC, Princeton

Presenters

Hon. Ronald J. Hedges (Ret.)
Former USMJ
Principal, Ronald J. Hedges LLC
Hon. Douglas H. Hurd, P.J.Cv.
Mercer County Courthouse
Douglas S. Bramley, Esq.
McMoran O'Connor & Bramley PC, Manasquan
Jeffrey S. Brenner, Esq.
Maragell, LLC, Cherry Hill
Sara Perkins Jones, Esq.
Spark EDiscovery

Presented in cooperation with the NJSBA Labor and Employment Law Section

E-discovery is an essential component of most employment-related lawsuits. Modern technology and communication tools have substantially increased the volume of electronically stored information (ESI) in the workplace. Effective use of ESI can sometimes strengthen an employer’s case or defenses. This program will discuss many things detailed in the agenda below. Don’t miss the opportunity to catch up to speed on all labor and employment related ESI issues.

Program Agenda:

  • Introduction to the topic
    • Sedona Conference Principles - Foundation for ESI analysis
    • RPCs and our obligation to know this stuff
    • Discussion of New Jersey Supreme Court Committee on Generative AI - NJSBA involvement
  • Case Law Update
    • Court Rules - Federal and State
    • New Case Review
  • The Federal bench perspective
    • What should be raised at the Rule 16 Conference
    • Obligation to meet and confer
    • When meet and confer fails
    • How involved does the Court get?
    • When is it time for sanctions?
    • What is the Court’s expectation of the level of expertise a practitioner should have with ESI issues?
    • Generative AI/Hallucinations -briefs/plagiarism
    • How the Court will handle these issues
      - Pro Se Context
      - Practitioners
    • Causes of action - Generative AI
    • Civil and criminal litigation
  • The State bench perspective 
    • Use of ESI protocols in state court cases
    • Educating the bar and the bench about ESI issues
    • How do you handle it when the meet and confer fails
    • What if the parties do not have an ESI protocol
  • Practice tips:
    • Drafting and negotiating ESI Discovery Protocols in every case
      • Parts of a discovery protocol
      • When to get E Discovery Guidance if you are out of your depth
      • What to watch for
        - Discovery games: production of all types of ESI communication
        - Format for production to you
        - Cost sharing/proportionality
  • Nuts and bolts of ESI discovery - Sara Perkins Jones, Esq.
    • Collection of data - where are the documents
    • Making doc review more efficient and targeted
      - Drafting the request
      - Processing the responses
      - Tagging the production
      - Organizing the production
    • Different types of software to evaluate the discovery responses
    • What is ECA (early case analysis)
    • Explain how it works (tagging, timelines, relevant, creator, dates, topics)
    • AI/computer assisted discovery review
  • ESI expert witnesses
    • How to use an expert witness
    • What to do with forensic experts - analysis
    • Types of cases: Defend Trade Secrets, violation of confidentiality
    • Types of data/devices involved
    • Tracking the data and devices
    • Expert witness analysis from company and employee perspectives