SSP 377 - E-Discovery: Electronically Stored Information, Privileges, and Sanctions

0.5 Continuing Education Units (CEU). This course is not for Credit(s).

This course is designed to provide instruction in conducting online searches of electronically stored information (“ESI”) and how the areas of attorney-client privilege and the work product doctrine apply to this process. This course will also examine ethical issues in e-discovery, the imposition of sanctions at the federal and state levels for discovery violations, and the use of e-discovery during litigation. Topics to be covered include online searching of ESI; attorney-client privilege; attorney work product doctrine; technology assisted review of ESI; clawback; non-waiver agreements; ethics; use of discovery in litigation; and sanctions for discovery violations.

Course Objectives

Upon completion of this course the student will be able to:

1. develop a legally defensible search methodology;
2. explain how to avoid, or request, sanctions for discovery abuses and errors;
3. compare and contrast e-discovery approaches under Federal law and Maryland law;
4. analyze unique ethical issues as they apply to e-discovery matters;
5. discuss the use of e-discovery during pre-trial and trial phases of litigation;
6. apply basic techniques for collection of iPhone data; and
7. utilize basic techniques for setting up and using litigation review software.