E-Discovery in 2012: What Attorneys Need to Know (CA)

Audio program! (check our CLE Programs page for live versions)

Everyone is teaching E-Discovery these days.  But is everyone teaching it well?

At Pincus Professional Education, we have the reputation of providing excellent skills-based seminars taught by top-notch practitioners, judges and court staff attorneys/law clerks.

Learn the latest about the skills you need to manage e-discovery projects whether you represent plaintiffs or defendants or oversee litigation for your company as in-house counsel.

Expand your technical and legal knowledge and gain insight into emerging e-discovery quagmires.

See below for our detailed agenda of this in-depth program!

This program was recorded in 2012.


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What You Will Learn

The Status of E-Discovery Law in 2012

  • Latest developments in case-law
    • Top ten cases from 2011
    • What judges have been looking for
    • Rising tide of sanctions for e-discovery failures
  • Current policies shaping the law
    • Proportionality
    • Cooperation
    • Spread of local rules seeking to harness e-discovery
  • Potential upcoming changes to watch out for
    • E-discovery implications of cloud computing and social media
    • Efforts to adopt a federal rule pertaining to preservation
    • New penalties for failure to adequately preserve evidence

Litigation: Early Case Assessment and Rule 26(f) in federal court

  • Constructing a clear litigation framework at the outset
    • Scheduling issues and whether discovery will need to be expedited
  • Estimating e-discovery expenditures
    • Dissecting the type and quantity of the data
    • Geographical considerations and other variables
    • Anticipating vendor management issues and potential hidden costs
    • Making sure you will get the data you need from the other side
    • Being prepared at the Rule 26(f) conference
    • Setting the structure for the e-discovery process

Litigation: Modern Search and Review Techniques and Issues

  • Utilizing techniques for intelligent review

    • Comparing available tools for searching documents and categorizing information
    • Embracing predictive coding
  • Fed Rule of Evidence 502 & inadvertent disclosures

    • Obtaining court orders containing clawback provisions

Litigation: Managing the Large E-Discovery Project 

  • Determining the potential scope of the project
  • Soliciting proposals and evaluating/selecting service providers
  • Establishing effective communication systems
  • Implementing quality control
  • Documenting what has been done and gathering feedback
  • Preparing master agreements

Litigation and In-House Counsel: What In-House and Outside Counsel Need to Know to Work Together 

  • Understanding the obligations of outside counsel
  • Recognizing budgetary constraints and pressures
  • Meeting the need for transparency
  • Determining who to involve in early case assessment
  • Re-evaluating processes
  • Being flexible with use of particular vendors
  • Minimizing the risk of sanctions

Ethical Issues in E-Discovery

  • Responsibility to conduct a “reasonable inquiry” to ascertain whether discovery requests, responses, or objections are complete, correct, and not for any improper purposes
  • Potential liability for conduct by outside vendors

    • Supervisory requirements when work is outsourced overseas
  • Duties relating to preservation
  • Examining recent claims of ethical breaches and malpractice


“My objectives were to gain a better understanding of e-discovery from an attorney perspective and that was certainly achieved.” Andrew Bayer, Esq.

“Excellent Overview.” Michael Orfield, Esq.

“Excellingt high-level discussion; knowledgeable speakers…”

“Great presentation, knowledgeable panel.”

“Good, new info on the state of e-discovery from the perspectives of in-house and outside counsel and vendors.” Carla A. Ford, Esq.



Amor Esteban, Esq.

Shook Hardy Bacon LLP

Amor has 22 years experience in complex litigation with particular emphasis in electronic discovery and data management. Amor has collaborated with clients in the development of policies and guidelines concerning a wide spectrum of data usage including record retention, preservation, collection, processing, production and retrieval. He is a member of the American Bar Association, where he served as Co-Chair of the Product Liability Committee for the Section of Litigation, on the ABA’s Task Force on Electronic Discovery and as liaison to the Sedona Conference’s Working Group 1 on Electronic Discovery.  He is an editor for the Sedona Conference Working Group 6 on International Electronic Information. He serves as an Advisory Board Member for the Bureau of National Affairs’ “Class Actions Reporter.” He graduated from the University of Detroit School of Law, J.D. 1984, cum laude, and from Michigan State University with a B.A. in 1981.

William N. Kammer, Esq.
Solomon Ward Seidenwurm & Smith, LLP

William N. Kammer is a partner in the San Diego office of Solomon Ward Seidenwurm & Smith, LLP.  Mr. Kammer’s practice areas include Business Litigation; eDiscovery; Class Actions and Unfair Competition; and Land Use and Environmental Law.

Mr. Kammer has substantial trial experience before juries, judges and administrative tribunals, including a solid background in class actions and 17,200 cases.  He has considerable experience with expert witnesses in technical, electronic discovery, and economic areas and has defended communications companies in various trials.  He has represented various technology and telecommunications clients and has successfully protected clients in Unfair Practices Act cases.  Mr. Kammer has enjoyed positive results for clients in soil and water contamination trials and has managed the defense of manufacturers in personal injury and death cases alleging chemical exposures.

Mr. Kammer has been lead counsel for clients in significant cases under Proposition 65 and Superfund statutes and in substantial matters involving endangered species and marine mammals.  He is also experienced in alternative dispute resolution, including matters handled as a mediator or arbitrator.

Mr. Kammer received his J.D. from Tulane University School of Law.  He also attended Duke University, where he earned his Masters degree in Political Science, and Fordham University, where he earned his undergraduate degree in Political Science.

Browning E. Marean III, Esq.
Senior Counsel
DLA Piper

Browning Marean is a senior counsel in DLA Piper’s San Diego office. He is a member of the litigation group and is co-chair of the Electronic Discovery Readiness and Response Group. Mr. Marean concentrates his practice in the areas of electronic discovery, professional responsibility and knowledge management. He is admitted to practice in California and Texas.

Mr. Marean joined DLA Piper (then Gray Cary Ames & Frye) in 1969. He serves on DLA Piper’s Technology Committee and is an emeritus member of the California State Bar Law Practice Management Committee and the San Diego County Bar Association’s Legal Ethics Committee. He is on the ABA Tech Show Planning Board and a member of the Sedona Conference.

Mr. Marean is an internationally known teacher and frequent lecturer on various topics including electronic discovery, international discovery, records retention, knowledge management and computer technology. He is co-author of the 2010 edition of Electronic Discovery and Records Management Guide, Rules, Checklists and Forms, published by Thomson West, and Conducting Discovery in an Electronic World: Electronic Data and Discovery, published by California Civil Discovery Practice. He has been named a San Diego Super Lawyer.

Mr. Marean received his law degree from the University of California, Hastings College of Law and his undergraduate degree from Stanford University

Edward McIntyre, Esq.

Solomon Ward Seidenwurm & Smith, LLP

Ed McIntyre is a litigation partner and General Counsel of Solomon Ward Seidenwurm & Smith, LLP.  His practice focuses on complex business litigation in federal and state courts and counseling for publicly held and privately owned companies with an emphasis on intellectual property, technology and securities litigation, trade practice law and representation of banking and financial institutions; the protection of intellectual property; in addition, a nationally recognized specialist in First Amendment, libel, slander, invasion of privacy and journalism law, representing corporations, private individuals, public figures, newspapers and television broadcasters.  Ed holds undergraduate and masters degrees from Fordham University and earned his law degree from Temple University in 1974.

Ed is a member of COPRAC and the San Diego County Bar Legal Ethics Committee.   From 1987-1989, Ed served as a lawyer delegate to the Ninth Circuit Judicial Conference.  In 1989, he lived in Geneva, Switzerland, while following the GATT negotiations then in progress and writing a monthly column, "Europe Today," for the San Diego Daily Transcript.  Upon returning to San Diego, Ed continued the column through 1992.

Linda Sharp, Esq.
Associate General Counsel
ZL Technologies Inc.

Linda has responsibility for corporate legal matters and related legal product initiatives.

Prior to joining ZL, Linda provided consulting services to Fortune 500 corporations and the nation’s largest law firms and specializes in evaluating and negotiating viable, cost-effective strategies for handling electronic discovery projects.  Linda is an expert in the e-discovery arena and speaks and writes regularly on the subject. 

She has been a member of the legal community since 1978 and has worked on some of the most important litigation and regulatory investigations in the industry.  Linda is licensed to practice law in the State of California and holds a Masters in Business Administration.





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CLE Credit

CA General:  This program is approved for 6.0 units of general CLE in California.

IL General:  This program is approved for 6.0 units of general CLE in Illinois through (insert expiration date).

This program is approved for CLE in the states listed above.  Upon request, Pincus Pro Ed will provide any information an attorney needs to support their application for CLE approval in other states other than what is listed above.

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June 1, 2012  |  Los Angeles, CA