eDiscovery and Hyperlinked Files in Emails: Considerations for Collecting, Searching, and Producing Modern Attachments
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will consider how to deal with one of the newest challenges in eDiscovery: modern attachments. Panelists will review what these challenges are, highlight the unique problems that must be considered, offer guidance about ESI protocols, review common objections to producing them and how to overcome those objections, and discuss concerns such as “which version,” broken links, deleted documents, and the state of software solutions.
Outline
- How and why the issue has arisen
- Relevant case law rulings
- Common objections to production
- Five assumptions to frame the discussion
- Current available solutions and challenges with each
- Current strategies and practical solutions
- Proposed language for modern attachments in ESI protocols
Benefits
The panel will review these and other key issues:
- What is the difference between modern attachments and links to the web?
- What ancillary issues arise with hyperlinked documents?
- What are common objections to producing modern attachments, and how are they overcome?
- What does it mean to have possession, custody, or control of a modern attachment?
Faculty
Doug Austin
eDiscovery Thought Leader, Editor
eDiscovery Today
Mr Austin is an established eDiscovery thought leader with over 30 years of experience providing eDiscovery best... | Read More
Mr Austin is an established eDiscovery thought leader with over 30 years of experience providing eDiscovery best practices, legal technology consulting and technical project management services to numerous commercial and government clients. He has published a daily blog since 2010 and has written numerous articles and white papers. Mr. Austin has received the JD Supra Readers Choice Award as the Top eDiscovery Author for 2017 and 2018 and a JD Supra Readers Choice Award as a Top Cybersecurity Author for 2019. He has presented at numerous events and conferences, including Legaltech New York, ILTACON, Relativity Fest, University of Florida E-Discovery Conference, Masters Conference and many local and regional conferences. Mr. Austin has also presented numerous CLE-accredited webcasts.
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Monica McCarroll
Partner
Redgrave
Ms. McCarroll has extensive experience working as a trial attorney specializing in complex civil litigation, having... | Read More
Ms. McCarroll has extensive experience working as a trial attorney specializing in complex civil litigation, having tried cases in both federal and state courts. She focuses her practice on providing advice and counsel on eDiscovery, information governance, and cybersecurity issues to clients in a wide array of industries, including automotive, transportation, financial services, defense contracting, and pharmaceutical. Ms. McCarroll's litigation background allows her to step into high stakes, multidistrict litigation, and quickly grasp the key discovery issues and needs, develop cost-effective solutions to address the issues and needs, and then lead and manage the implementation of those solutions.
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John J. Rosenthal
Partner
Winston & Strawn
With nearly 30 years of trial experience, Mr. Rosenthal litigates complex commercial, antitrust and false advertising... | Read More
With nearly 30 years of trial experience, Mr. Rosenthal litigates complex commercial, antitrust and false advertising cases. As Chair of the firm's eDiscovery & Information Governance Practice, he also has expansive experience in all areas of electronic discovery, privacy, information governance, and data breach. In addition to Mr. Rosenthal’s litigation and counseling he also acts as national e-discovery counsel for numerous corporations. He is a former steering committee member of Working Group 1 of the Sedona Conference on Best Practices for Electronic Discovery and Records Management, a group of lawyers, judges and vendors focusing on the development of the law regarding electronic discovery and retention issues. Mr. Rosenthal is also a participant in Working Group 6 of the Sedona Conference International Electronic Information Management, Discovery and Disclosure, which focuses on international issues relating to disclosure, cross-border discovery, and privacy.
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