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WEST VIRGINIA RECORD

Friday, April 26, 2024

Day of Continuing Legal Education focuses on rules of electronic discovery

HUNTINGTON – Marshall University's forensic science program and Second Creek Technologies LLC have teamed up again to offer a day of Continuing Legal Education focusing on the new federal rules of electronic discovery.

"Electronic Discovery 101: Understanding the New Federal Rules" will be offered at Marshall's Forensic Science Center in Huntington from 8 a.m. to 4 p.m. on Friday, Sept. 14. The West Virginia-approved CLE credits offered are 7.2, including 7.2 ethics credits.

The Federal Rules of Civil Procedure underwent a major overhaul in December 2006. Electronic Discovery 101 focuses on firsthand information from practitioners, computer experts and forensic analysts about these changes and their effects. Professionals who want to stay ahead of the curve in the new digital age will gain critical knowledge of the inner workings of computers for a tactical advantage in litigation.

The course also will address unique problems presented by electronically stored information in the context of civil and criminal litigation as well as how and when to use computer forensic assistance to preserve electronic documents and electronic discovery.

For a $150 fee, each registrant will receive course materials (including practice forms), lunch and one free seat to the Marshall University vs. New Hampshire football game Sept. 15. Kickoff is at 4:30 p.m.

This information-packed course includes:

* Why old rules for paper discovery won't suffice in the digital age

* Duties to preserve evidence and 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

* Understanding 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 expect since the rule changes went into effect

* Potential pitfalls hidden in the rule changes

Barboursville-based Second Creek Technologies LLC has an ongoing partnership with Marshall's Computer Forensic Section of the Forensic Science Center, which occupies a state-of-the art facility boasting digital evidence laboratories and cutting-edge computer equipment.

The university's Forensic Science Graduate Program was founded in 1994 and is one of only seven such Master of Science degree programs in the country and one of only three to be accredited by the Forensic Science Education Program Accreditation Commission.

This is a repeat course and is not open for credit to previous attendees.

For additional details, visit http://2ndcreek.net/cle.htm. To register, call Second Creek Technologies LLC at (304) 736-5454 or toll-free at (877) 523-3253.

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