Marshall, Second Creek team up again for e-discovery CLE

By Chris Dickerson | Jul 18, 2008

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


HUNTINGTON -- Marshall University's forensic science program and Second Creek Technologies are teaming 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 on the Huntington campus from 8 a.m. to 4 p.m. on Aug. 1. The West Virginia-approved CLE credits offered are 7.2, including 7.2 ethics credits.
"Second Creek is firmly committed to being the 'go to' resource for the legal community in regard to electronic discovery," said John Sammons, CEO of Barboursville-based Second Creek.

In 2006, Second Creek and Marshall joined forces for the first time to conduct this CLE two times. The first was held at Marshall's South Charleston campus, and the second in Huntington.

"Our previous classes have been a great success," Sammons said. "We've had great feedback from our attendees. We put a lot of effort into making the classes not only educational but enjoyable as well.

"We fully understand that our audience comes to us with varying degrees of understanding in regards to technology. In that respect they are no different than a typical jury. It's our job to make this material understandable for everyone, regardless of their skill level or background."

The Federal Rules of Civil Procedure underwent a major overhaul in December 2006. Electronic Discovery 101 focuses on first-hand information from practitioners, computer experts and forensic analysts about these changes and their effects.

Marshall and Second Creek say 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.

Second Creek 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. It's one of only three to be accredited by the Forensic Science Education Program Accreditation Commission.

"We're both proud and thankful for our partnership with the MU Forensic Science program," Sammons said. "Dr. Fenger and his folks do a fantastic job and have a wonderful facility. Working with them makes this program so much better."

For a $150 fee, each registrant will receive course materials (including practice forms) and lunch.

This course includes instruction on:

* What judges will expect from you

* How to guard against spoliation and sanctions

* Drafting an effective preservation letter

* Strategies for "meet and confer" sessions

* Why deleted information remains discoverable

* When to use computer forensics, what it reveals, and how much it costs

* Authentication and chain of custody issues

* Analyzing your data and their data

* Preparing and responding to requests for electronic records

* Expert opinions regarding what is "reasonably accessible" electronic data

* Voluminous data, de-duplication and back-up tapes

* Potential pitfalls hidden in the rule changes

* Keeping the costs of electronic discovery under control.

Sammons said his company will be doing more work in this field.

"In response to demand, we are planning even more events in the near future," he said. "Electronic discovery is a fast-growing segment of litigation. It will be very easy for the unprepared to be blindsided.

"We strongly encourage everyone to get up to speed sooner rather than later"

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

For additional details, please visit To register, call Second Creek Technologies LLC at (304) 736-5454 or toll-free at (877) 523-3253.

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