On December 1, 2006, a mighty train pulled out of the station and the rules for dealing with electronic evidence in the federal courts changed significantly. One by one, states have been adopting variants of the new federal rules, or simply following their wisdom in court cases. Most attorneys have been schooled, at least marginally, in the rules themselves. But what have the new rules meant in practice? Courts have now had time to address electronic evidence and some interesting (and sometimes conflicting) decisions have been issued. What are the new requirements for a "meet and confer?" What is "inaccessible?" What's the difference between evidence that must be preserved and that which must be produced? What electronic evidence protocols do the courts find acceptable? When might you (or your client) be subject to sanctions? Come learn the lessons of the leading electronic discovery cases and bring your questions!

SHARON D. NELSON, PRESIDENT

JOHN W. SIMEK, VICE PRESIDENT

Sensei Enterprises, Fairfax, Virginia

Records Management in Today’s Electronic Workplace

Records management, from creation to final disposition, is a greater challenge today than ever before, driven by factors like the explosive growth in electronic data, new regulatory requirements, and the new federal e-discovery rules. Businesses and entities of all sizes must now address records management, or face dire consequences like overwhelming discovery expense or a default judgment. This session will explore current legal requirements for records management and ways of addressing them.

DAVID G. RIES, ESQUIRE

Stuart C. Gaul, Jr., Esquire

Thorp Reed & Armstrong, Pittsburgh, Pennsylvania

Electronic Evidence, The U.S. Attorney, and Your Client:  What Every Lawyer Needs to Know

CHARLES T. MILLER, UNITED STATES ATTORNEY

U.S. Attorney Office, Southern District of West Virginia

Admissibility of Digital Evidence:  Reaping the Fruits of Your Labor

Ray Shepard, Partner/Corporate Counsel

Second Creek Technologies, LLC, Barboursville, West Virginia

Smoke and Mirrors:  The Fabrication and Alteration of Electronic Evidence

How would you know if a photo has been digitally altered? Or a voice recording? How about metadata? Would you know if a spreadsheet, PowerPoint or Word document had been altered? How can you discern whether an e-mail address is spoofed? Even the venerable Reuters news service has been fooled by doctored photos. The average 13 year old can accomplish electronic magic that is undetectable to anyone but an expert. Our own experts will show you what's possible and how to spot the indicators that e-evidence may not be what it seems.

SHARON D. NELSON, PRESIDENT

JOHN W. SIMEK, VICE PRESIDENT

Sensei Enterprises, Fairfax, Virginia

Effective Use of Electronic Evidence for Juries

THE HONORABLE JOHN PRESTON BAILEY

THE HONORABLE IRENE M. KEELEY

Judge, U.S. Northern District Court

ANDREW R. COGAR, ASSISTANT U.S. ATTORNEY

Forensically Sound Evidence Collection

Ethics in E-Discovery:  Staying Out of the Briar Patch

Stories in the press about attorneys being sanctioned for ignorance or even reckless disregard in the handling of electronically stored information (ESI) are becoming more common. Some have been charged with making false certifications to the court, and one recent high profile case reached the point where counsel had to defend themselves in a sanctions hearing after trial. Getting hung up in the briar patch of e-discovery violations is the last place a lawyer wants to find him or herself.  This session will explore the ethical implications involved in dealing with ESI and the right strategies to keep you OUT of the briar patch.

DAVID G. RIES, ESQUIRE