Discovery Issues (ESI) in Labor and Employment

Category: Materials

Member Price: $32

Non-Member Price: $40

Product Code: MI142424

Areas of Law: Labor & Employment

CLE Credits
Faculty

Keynote

Moderator

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

Presenters

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).
n
nAdmitted 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.
n
nJudge 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.
n
nJudge Hedges received his B.A. from the University of Maryland and his J.D. from Georgetown University Law Center.
n(8/23)
Hon. Douglas H. Hurd, PJCV
Mercer County
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

About


Founded in 1899, the NJSBA is the largest organization of attorneys, judges and legal professionals in New Jersey. At the core of our mission is improving the lives of our members, advancing the rule of law and serving as the voice of the profession. With 85 sections and committees, the NJSBA allows attorneys to benefit from being part of the most wide-reaching legal association in the state, while still cultivating expertise and building networks within specialized practice areas.

MORE ABOUT NJSBA

Diversity


The New Jersey State Bar Association is committed to promoting and fostering a diverse and inclusive bar association. The Association recognizes that the broad concept of diversity includes race, ethnicity, gender, gender identity, sexual orientation, religion, age and disability. The NJSBA fosters and promotes an inclusive environment that gives value to the unique contributions of diverse individuals and organizations in all aspects of the Association.

Learn More

Advocacy


The NJSBA Legal and  Government Affairs Department serves as the liaison between NJSBA members and the state’s three branches of government.

News and Press Publications


Learn more about the accomplishments of the Association, its members and events from regular news updates, press releases, and our award-winning magazine.


 

Reports


Read the comments, reports, resolutions and Board of Trustee news from the state’s largest organization of lawyers, judges and legal professionals.


 

Statements and Positions


The NJSBA is the voice of the profession and takes public positions on a range of issues with the legal community and government officials. It also takes positions on legislation and files friend-of-the-court briefs on matters that impact the profession. 

Photo Galleries


Check out photos from recent NJSBA events.

View Photo Albums

Directions

The New Jersey Law Center is located at 1 Constitution Sq, New Brunswick, NJ, 08901. Need directions to the Law Center? Click on the button below to get started right away.

Contact NJSBA

NJSBA Contact Us Form
If you're looking for an attorney, click here for help.

If you cannot afford an attorney and have a civil matter, click here for Legal Services of New Jersey.

Looking for information about a specific lawyer? Contact the Lawyer’s Fund for Client Protection at 855-533-3863.

Have a complaint about a lawyer? Visit the Office of Attorney Ethics website. Select “Attorney Discipline” from the navigation bar for discipline of attorneys.

Contact Info

One Constitution Square
New Brunswick, NJ 08901

732-249-5000
9 a.m. to 5 p.m., Monday - Friday

Fax 732-249-2815

Email us

Book Store


Authoritative. Comprehensive. The Industry Standard.

NJICLE legal treatises and books are written for New Jersey attorneys, by New Jersey attorneys. Our comprehensive library of books and treatises form the State’s most inclusive series of regionally focused legal materials. With titles covering virtually every aspect of New Jersey legislation, NJICLE is proud to be the professional development resource for the legal community.

You do not have permission to view this form.