Records Destruction: Privacy and Privilege Versus Spoliation

Date: Apr 18, 2024 10:00 a.m. – 12:00 p.m.

Location: Online

Member Price: $143

Non-Member Price: $179

Event Code: I147924

Areas of Law: Law Office Management

Earn up to 2.3 credits, including 0.6 in Ethics! (More Information)

Faculty

Keynote

Moderator

Hon. Ronald J. Hedges (Ret.)
Former U.S. Magistrate Judge
Ronald J. Hedges LLC, Hackensack
is Senior Counsel for Dentons in New York City and a member of the Litigation and Dispute Resolution Practice Group. He has extensive experience in e-discovery and the management of complex civil litigation matters, and has served as a special master, arbitrator and mediator. He also consults on the management and discovery of electronically stored information (ESI).

Admitted to practice in New Jersey, New York, Texas and the District of Columbia, and before several federal courts, Judge Hedges is a former United States Magistrate Judge in the United States District Court for the District of New Jersey (1986-2007), where he was the Compliance Judge for the Court Mediation Program, a member of the Lawyers Advisory Committee, and a member of and reporter for the Civil Justice Reform Act Advisory Committee. A member of the Advisory Group of Magistrate Judges from 2001-2005, he has also been a member of the American Law Institute, the American and Federal Bar Associations, and the Historical Society and the Lawyers Advisory Committee of the United States District Court for the District of New Jersey. Judge Hedges has served on the Sedona Conference Judicial Advisory Board; the Sedona Conference Working Group on Protective Orders, Confidentiality, and Public Access; and the Sedona Conference Working Group on Best Practices for Electronic Document Retention & Protection. He has also been a member of the Advisory Board of the Advanced E-Discovery Institute of Georgetown University Law Center. He is a former Fellow at the Center for Information Technology of Princeton University and has been a member of the College of the State Bar of Texas.

Judge Hedges has been an adjunct professor at Rutgers School of Law-Newark and is a former adjunct professor at Georgetown University Law Center and Seton Hall University School of Law, where he has taught courses on electronic discovery and evidence and mediation skills. He is the author of “Rule 26(f): The Most Important E-Discovery Rule” (New Jersey Law Journal, 5/18/2009) and has authored, edited and co-edited a number of other publications on ESI topics including Discovery of Electronically Stored Information: Surveying the Legal Landscape (BNA, 2007). He is the principal author of the third edition of the Federal Judicial Center’s Pocket Guide for Judges on Discovery of Electronic Information.

Judge Hedges received his B.A. from the University of Maryland and his J.D. from Georgetown University Law Center.
(8/23)

Presenters

Bennett B. Borden, Esq.
Partner and Chief Data Scientist, DLA Piper, Washington
Marissa Moran
NYC College of Technology, CUNY, Brooklyn
is a Professor of Law and Paralegal Studies at New York City College of Technology, CUNY, in Brooklyn, New York.

Professor Moran received her law degree from Brooklyn Law School.
Debbie Reynolds
Founder, CEO, and Chief Data Privacy Officer
Debbie Reynolds Consulting, LLC
Stephanie Wilson, Esq.
Reed Smith, LLP, Princeton

Records Information Management (RIM) deals with the creation, receipt, maintenance, use and disposal of records – a critical function for attorneys and their clients. RIM addresses traditional paper as well as electronic information and the products of artificial intelligence. Attorneys and their clients must deal with RIM in the face of these technologies, along with laws and regulations that require information to be retained.

This seminar will provide practical advice and perspectives from a panel of experts on topics ranging from the definition of “record,” to the challenges posed to RIM today, including those that may arise from the recent New Jersey Data Privacy Act. The panel will also address the ethical obligations of attorneys implicated by RIM and sanctions that might be imposed when information is mishandled or lost.

Please join for this wide-ranging study of professional records maintenance and destruction.

Program Agenda:

  • 10:00 | Introduction to seminar and faculty
  • 10:05 | Definition of “record”
  • 10:15 | Impact of new technologies on RIM
  • 10:30 | Laws and regulations that impact RIM
  • 10:45 | AI in the context of RIM
  • 11:00 | Impact of duty to preserve
  • 11:10 | Possible consequences for failure to retain or preserve
  • 11:25 | Ethical obligations arising out of RIM for attorneys
  • 11:50 | Suggested best practices and closing
  • 12:00 | Adjourn

CLE Credits
NJ CLE:NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 2.3 hours of total CLE credit, including 0.6 in Ethics (Full Credits Available: NJ Ethics: 0.6, NJ General: 1.7).
NY CLE (t&nt):NY Ethics Transitional: 0.5, NY Practice Management Transitional: 1.5
PA CLE:PA Ethics Credit: 0.5, PA Substantive Credit: 1.0
New: No PACLE fee is required for this program. To earn PA CLE credits, a valid PA Bar ID number must be entered into the CLE form provided after attending the program.

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