Legal and Ethical Pitfalls in E-Discovery & The Second Coming of Zubulake

July 12, 2010
The New Jersey Institute for Continuing Legal Education
New Jersey Law CenterNew Brunswick, NJ

9 a.m. - 12:30 p.m.

Nearly all discovery is e-discovery. In fact, the proliferation of technology has served to expand the areas that could potentially have discoverable information. At the same time, the line between the workplace and non-work related matters has become "fuzzy", for example, the widespread use of social network sites and private email in the workplace. Now more than ever, if attorneys fail to appreciate these realities, not only are their clients at risk for sanctions, but they can also be the subject of RPC violations. This program, presented by experienced litigators with extensive e-discovery knowledge will explore the recent expansion of cases awarding sanctions, how to avoid them, and what the New Jersey Supreme Court has referred to as a "zone of privacy" surrounding an employee's personal email.

Learn everything you need to know about the legal and ethical challenges that surround E-Discovery, including:

  • The reasonable expectation of privacy for personal E-Mails exchanged on company issued computers
  • The recent expansion of Zubulake well beyond what was originally contemplated
  • How Judges interpret these new requirements and insight by the bench on compliance pitfalls
  • Ways to Save Clients Expense In Responding to Discovery Requests with commentary by a forensic expert
  • Ethical Obligations Faced When Encountering Attorney Client Materials
  • What is a clear and unambiguous monitoring policy? Defining the parameters of a company’s “systems.” Should NJ companies revise their monitoring and disclosure policies in light of the Stengart decision?
  • Does an employer ever have the right to read private, personal, password protected e-mail accounts of its employees?
  • The attorney-client privilege, e-mails and company issued computers. Is the privilege protected and can it ever be waived by exchanging e-mails on company issued hardware?
  • Discovery and RPC 4.4(b)—if attorney-client exchanges are discovered, what are opposing counsel’s obligations? What types of sanctions might occur if opposing counsel reads privileged exchanges?