MICPEL, the
Maryland State Bar Association Special Committee on Paralegals and the MSBA
Section of Litigation
in cooperation with
the University of Baltimore School of Law, the University of Maryland School of
Law &
Anne Arundel Community College Legal Studies Program
present:
Click
here for a printable order form
Please fill out the form completely and fax it to MICPEL at 410.659.0647.
3.0 CLE Hours
Friday, May 30, 2008
CLE Seminar 1 - 4 p.m.
Lunch/Registration (11 a.m. - 1 p.m.) and
Vendor Exhibits (11 a.m. - 4 p.m.)
Anne Arundel Community College
Cade Building, Room 219
101 College Parkway
Arnold, Maryland
WHAT YOU WILL LEARN AND WHY YOU SHOULD ATTEND
Electronically Stored Information (ESI) and the challenging practical, financial
and ethical issues concerning its preservation, its authentication and the scope
of its discoverability and use at trial are the most compelling subjects
confronting lawyers and judges today. The Maryland and Federal Rules of Civil
Procedure have been amended (and a new Federal Rule of Evidence is making its
way through the Congressional approval process) to address concerns about ESI.
This special program is designed to do four things: educate practitioners about
the new Maryland and federal rules governing discovery and admissibility of ESI;
recommend a best practice protocol for handling discovery of ESI in Maryland and
federal courts; offer practical advice on e-discovery strategies, techniques and
resources; and provide an opportunity to learn, firsthand, about the costs and
features of some of the leading e-discovery and litigation management products
and services. Chief Magistrate Judge Paul Grimm, Matt Hjortsberg and Barry
Dalnekoff – all recognized authorities on legal technology issues – will handle
items one through three. You can address item four – at your own pace and
according to your own interests – by browsing the vendor displays that will be
available from the beginning of registration/lunch until the end of the program.
Judge Grimm and Judge Joseph Murphy are the acknowledged gurus of evidence law
and the authors of Murphy & Grimm’s Comparative Guide to the Maryland &
Federal Rules of Evidence (MICPEL 06/2007). Judge Grimm recently
co-authored, with Charles Fax and Paul Mark Sandler, a book on Maryland
Discovery Problems and Solutions (MICPEL 04/2008), a copy of which the
Administrative Office of the Courts is providing to every appellate, circuit and
district court judge in Maryland. Judge Grimm’s newest book, Electronically
Stored Information in Maryland and Federal Courts: Discovery, Admissibility, and
Ethics (MICPEL 05/2008), co-authored with Lisa Yurwit, and introduced at
this program, is a perfect companion to his earlier evidence and discovery
guidebooks and a must-read for every Maryland litigator.
FACULTY
Hon. Paul W. Grimm
Chief Magistrate Judge
United States District Court for the District of Maryland
Baltimore
Barry J. Dalnekoff, Esq.
Dalnekoff & Mason, P.A.
Annapolis
Matthew J. Hjortsberg, Esq.
Bowie & Jensen, LLC
Towson
AGENDA
11:00 a.m. – 1:00 p.m.
Registration
11:00 a.m. – 1:00 p.m.
Lunch and Vendor Displays (exhibits will continue until 4 p.m.)
Vendors Include:
CT Summation (Discovery Cracker; Enterprise; iBlaze; WebBlaze; CaseVault)
LexisNexis, Applied Discovery & LexisNexis Concordance
Extractiva (HardCopy Pro Plus 6.0)
Kroll Ontrack (Inview; Firstview; Shareview; Case Law Update &
E-Discovery Newsletter; Cyber Crime & Computer Forensics Newsletter)
Pearson Education
ThomsonWest, Thomson Litigation Consulting & Westlaw
Anne Arundel Community College Legal Studies Program
MICPEL
Program Agenda
(3.0 Hours CLE)
1:00 p.m. – 2:00 p.m.
The New ESI Rules in a Nutshell: Discovery, Admissibility and Ethics
Hon. Paul W. Grimm
2:00 p.m. – 4:00 p.m.
E-discovery Strategies, Techniques & Resources: A Practical Guide
Matthew G. Hjortsberg, Esq,
Barry J. Dalnekoff, Esq.
4:00 p.m. Adjourn
ABOUT THE NEW BOOK
Electronically Stored
Information in Maryland and Federal Courts: Discovery, Admissibility, and Ethics
by Hon. Paul W. Grimm & Lisa M. Yurwit
This book addresses the issues arising with the increasing use of and demand for
electronically stored information (ESI) in discovery and at trial. Chapter One
provides an overview of the changes to the rules of civil procedure that address
ESI. It introduces the topics of collaboration between parties, metadata,
sanctions, and ethics in ESI. The chapter then highlights key differences and
similarities between the Maryland and federal rules in discovery, generally, and
in the application of the attorney–client privilege and the work product
doctrine. It discusses the good faith obligation and sanctions under the rules,
and it explores requests for admission of genuineness of ESI. Finally, it
explores the scope and cost of ESI discovery.
Chapters Two, Three and Four lay out the Maryland and federal rules, separately
with their committee notes and then side-by-side to facilitate comparison. The
Suggested Protocol for Discovery of ESI in Maryland’s U.S. District Court
follows in Chapter Five.
In the context of ESI, Chapter Six discusses and differentiates waiver of the
attorney-client privilege and waiver of the work product protection. It examines
both waivers under Maryland and federal law. The discussion of federal law
considers non-waiver agreements, their effectiveness, and post-production claims
of privilege and protection. It then suggests how to limit discovery without
risking waiver, by considering Fed. R. Evid. 501 and the waiver exception for
compelled disclosure under Standard 512.
Chapter Seven addresses ethical issues in preserving, accessing, discovering,
and using ESI. It presents the relevant ethical requirements and the duty to
preserve evidence. It then discusses the doctrine of spoliation and its
consequences, exploring sanctions such as case-dispositive sanctions, contempt,
adverse inference instruction, attorney’s fees, and other sanctions imposed
under the court’s inherent authority to sanction. The chapter discusses
disciplinary proceedings and presents a case example of ESI discovery
obligations and ramifications. It also specifically discusses ethical issues
concerning metadata.
Chapter Eight provides a chart that summarizes the necessary considerations and
steps to establish the admissibility of ESI. Chapter Nine provides an in-depth
discussion of admissibility of ESI. It considers preliminary rulings, relevance,
authenticity by rule and by form of ESI, hearsay and the most likely applicable
exceptions, the original writing rule, and the balancing test under Fed. R. Evid.
403/Md. Rule 5-403.
Inside the New Book
Table of Contents
Chapter One: Introduction
Chapter Two: Maryland Rules
Chapter Three: Federal Rules of Civil Procedure
Chapter Four: Side-by-Side Comparison of Maryland and Federal Rules
Chapter Five: Suggested Protocol for Discovery of ESI in Maryland’s U.S.
District Court
Chapter Six: Waiver of Attorney-Client Privilege and Work Product Protection
Chapter Seven: Ethical Issues in Preserving, Discovering and Using ESI
Chapter Eight: Steps to Admissibility
Chapter Nine: Admissibility - Relevance, Authenticity, Hearsay and the Original
Writing Rule
Chapter Ten: Appendix
Tuition
Tuition for program, including your copy of the new book
Electronically Stored Information in Maryland and Federal
Courts: Discovery, Admissibility, and Ethics, admission to the
e-discovery & case management vendor display, and lunch:
MSBA Special Committee on Paralegals or
Maryland Paralegal Association Members $199
MSBA Litigation Section Members $199
MSBA Young Lawyers Section Members $199
MSBA Members $219
AACC Legal Studies Program Students $99
All Others $249
MICPEL Flex/Select Pass Holders $59
Video Replay $199
PA MCLE Credit Fee ($2/hour) $6
Note: Attendees who seek MCLE credit are required by most
jurisdictions to obtain written materials.
Tuition for program, vendor display and lunch, only:
Please note that multiple registrants from the same office may
share written materials. Tuition for additional registrant(s)
without written materials is:
MSBA Special Committee on Paralegals or
Maryland Paralegal Association Members $159
MSBA Litigation Section Members $159
MSBA Young Lawyers Section Members $159
MSBA Members $179
AACC Legal Studies Program Students $39
All Others $209
MICPEL Flex/Select Pass Holders $19
Video Replay $159
PA MCLE Credit Fee ($2/hour) $6
Video Replays
PLEASE NOTE THE TIME: 9:00
a.m. - 12:00 p.m. for both
locations. Lunch and vendor exhibits will not be available at
the video replays.
July 11, 2008 -
Baltimore
July 18, 2008 -
Baltimore
July 25, 2008 - Rockville
July 31, 2008 - Rockville
Too Busy to Attend?
Book, Audio Tapes, CDs and DVDs are available for shipment within thirty (30)
days after the course date. *Price includes tax and shipping charges
o Electronically Stored Information in Maryland and Federal Courts:
Discovery, Admissibility, and Ethics
Inventory #5003-08; $80.64*
o Electronically Stored Information in Maryland and Federal Courts:
Discovery, Admissibility, and Ethics with Audio Tapes
Inventory #3146-08; $154.84*
o Electronically Stored Information in Maryland and Federal Courts:
Discovery, Admissibility, and Ethics with CDs
Inventory #3147-08; $154.84*
o Electronically Stored Information in Maryland and Federal Courts:
Discovery, Admissibility, and Ethics with DVDs
Inventory #3148-08; $197.24*
Click
here for a printable order form
Please fill out the form completely and fax it to MICPEL at 410.659.0647.