Marshall to host its first CLE classes

By Chris Dickerson | Sep 28, 2006

HUNTINGTON – Marshall University is set to sponsor its first Continuing Legal Education class next week.

Marshall doesn't have a law school, but it does have a forensic science program that includes computer forensics.

Enter Second Creek Technologies.

The Barboursville-based company has teamed up with MU's forensic science program, and is co-sponsoring the CLE.

"Being a company that is working with our forensic science program, it's a good fit to reach out to lawyers about these upcoming changes with federal evidence as it related to electronic media," Bill Bissett, director of public relations for Marshall's South Charleston campus, said of Second Creek and the CLE.

The first class is Oct. 4 at the South Charleston campus located at 100 Angus Drive. The class will be offered again on Nov. 18 at Marshall's main Huntington campus in the Memorial Student Center.

Both classes are entitled Electronic Discovery 101: Understanding the New Federal Rules. The West Virginia-approved CLE credits offered are 7.2 including 7.2 ethics credits.

Ray Shepard, outside counsel for Second Creek, said this is the company's first CLE as well, but he said the firm has taught other courses at law firms in Baltimore, Washington, D.C. and West Virginia.

"We've formed an alliance, if you will, with Marshall," Shepard said. "This is a natural progression. What's prompting this are federal rules changes that take effect Dec. 1 that will force attorneys to pay attention to electronically stored information. And that's what we do."

In addition to the educational rewards, those who sign up also will receive tickets to a Thundering Herd home football game.

The Oct. 4 class gets tickets to MU's game that night against Central Florida. The Nov. 18 class will get tickets to that evening's game against Texas-El Paso.

"By tying them in with home games, we're trying to make this an educational and entertaining event," Bissett said.

A press release says the course is "a must for all practitioners who want to stay ahead of the curve in the new digital age."

The Federal Rules of Civil Procedure will undergo a major overhaul at the end of this year, and the class "will hear first-hand from fellow practitioners, computer experts, forensic analysts and members of the judiciary about how these rules changes will affect your practice.

"Learn about the unique problems presented by electronically stored information in the context of civil and criminal litigation and how and when to use computer forensic assistance to preserve electronic documents and electronic discovery. Gain critical knowledge of the inner workings of computers to give yourself a tactical advantage in litigation and the ability to resist the unreasonable discovery demands of your opponents. what you don't know can hurt your clients!"

The $150 registration fee includes lunch and a chairback seat for the football game. Additional seats for the game can be purchased as well. To register, call Second Creek at (304) 736-5454 or toll free at 1-877-523-3253.

The press release says the course will cover:
- Why old rules for paper discovery won't suffice in the digital age
- Duties to preserve evidence & how to draft an effective preservation letter
- How to guard against spoliation and sanctions
- How to understand your client's computer systems when you don't speak "I.T."
- Strategies for "meet and confer" sessions
- Keeping the costs of electronic discovery under control
- Why "deleted" information remains discoverable
- When to use computer forensics, what it reveals, and how much it costs
- Understand the various ways that electronic data can be stored
- Using evidence and "smoking guns" you didn't even know existed in court: authentication and chain of custody issues
- The rules of professional conduct regarding electronic data during litigation
- The criminalization of spoliation
- The Zubulake guidelines outlining counsel's obligations
- Latest techniques in forensic cloning and analysis
- Analyzing the data: yours and theirs
- Help with preparing and/or responding to requests for electronic records
- Expert opinions regarding what is "reasonably accessible" electronic data
- Voluminous data, de-duplication and back-up tapes
- Data preservation and destruction policies: anticipating litigation
- Use of expert forensic testimony
- Internal investigations and cybercrime
- What judges will expect from you beginning December 1st
- Potential pitfalls hidden in the Rule changes

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