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Spotlight: Electronic Discovery & Digital Evidence Advocacy Session

This session is approved by The Florida Bar for 4 Hours of Ethics and 4 Hours of Technology CLE Credit!

Click here or scroll below to see other Workhorse sessions that satisfy the ethics and technology CLE requirements.

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Wednesday, March 1, 2017

Driving Electronic Discovery With Technological Competency – Your Roadmap to Success at Trial
[6:30 pm – 7:30 pm]

Preliminaries to Technical Competency: This session will introduce the skill sets AND sample documents you need to drive electronic discovery negotiation, whether in a major single event or MDL. The panel will also discuss the important changes in the 2015 Amendments to the Federal Rules of Civil Procedure, the case law that emerged in the first year of their application, and comparisons with The Florida Rules Civil Procedure.

Negotiation and Stipulations for All Litigation

  • ESI Protocols – Don’t leave home without them;
  • Protective Orders, Tiering or Tearing?
  • FRE 502 Clawback – Not just for Federal litigation;
  • ESI Preservation – How to, and whether required.

Ethical and Technological Challenges

  • Transparency – Shield and Sword
  • Compliant and Non-Compliant Clients

Moderator:
Steven W. Teppler, Abbott Law Group, Jacksonville

Panel Participants:
Chad Roberts, The Roberts Firm, Jacksonville, FL
John Jorgensen, The Sylint Group, Sarasota, FL
Erik Laykin, Duff & Phelps, Fort Lauderdale, FL
Brittany R. Ford, Abbott Law Group, Jacksonville


Dancing the Electronic Discovery Kabuki Dance – ESI Requests, Interrogatories, Requests for Admission and Forensics; Practicing to Perfection While Avoiding Ethics Pitfalls
[ 7:45 pm – 8:45 pm]

With or without negotiated stipulations, you still need technological competency to complement your discovery acumen. Both the Florida and Federal rules provide both pathways as well as pitfalls to electronic discovery (and trial) success.

  • Dissect an actual complaint and associated document production request focusing on ESI;
  • Analyze “use it or lose it” format designation benefits for Plaintiffs;
  • Analyze what a document production request for ESI looks like in the absence of a ESI Protocol Stipulation;
  • Discuss uses of motions in limine directed to ESI.

Moderator:
Steven W. Teppler, Abbott Law Group, Tallahassee, FL

Panel Participants:
Chad Roberts, The Roberts Firm, Jacksonville, FL
John Jorgensen, The Sylint Group, Sarasota, FL
Erik Laykin, Duff & Phelps, Fort Lauderdale, FL
Brittany R. Ford, Abbott Law Group, Tallahassee, FL


Electronic Health Records and Beyond – New Evidence Abounds if You Know How to Get It
[8:45 pm – 10:00 pm]

  • A look under the hood: how a major EHR system works;
  • What the health care worker sees, what the lawyer gets, and why the differences matter for trial;
  • Beyond “the patient’s chart”: how to compel productions of the critical truths that matter most in the form of audit trails, template choices NOT made, defective user interfaces that contribute to medical errors, and more;
  • Authentication and admissibility: EHR will send you back to the basics and will be unforgiving of oversight;
  • Thinking BIG and tying it all together: ESI is everywhere in the healthcare environment, but you have to find it and ask for it. From ESI corporate depositions to “discovery about discovery,” here are the ways to do it.

Moderator:
Chad Roberts, The Roberts Firm, Jacksonville, FL

Panel Participants:
Hon. Ralph Artigliere (Ret’d.) (exp.), Blue Ridge, Ga
Steven W. Teppler, Abbott Law Group, Jacksonville, FL
F. Catfish Abbott, Abbott Law Group, Jacksonville, FL
John E. Jorgensen, The Sylint Group, Sarasota, FL

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Other Ethics Hours:

  • The Values Lecture: Doing Good in People’s Lives and Doing Well Along the Way
    Stuart Z. Grossman, Grossman Roth Cohen & Yaffa, Coral Gables, FL
  • Contingent Fee Contracts – Everything You Need to Know in Order to Avoid Legal Problems, Financial Problems, Bar Problems, and Client Problems – Making Sure You Get It Right the First Time!

Other Technology Hours:

  • Seven Apps to Help You in the Courtroom
    A. Daniel Vazquez, Fine, Farkash & Parlapiano, P.A., Gainesville, FL
  • Seven Apps to Help You Work More Efficiently
    Tony Quackenbush, Kelley Uustal, PLC, Ft. Lauderdale, FL
  • Encrypt! The Russians are Coming!
    Stephen A. Barnes, Barnes Trial Group, Tampa, FL
  • Cell Phone Data – How to Get It and What It Can Tell You
    Waylon Thompson, Manuel & Thompson, Panama City, FL

Total Workhorse CLE Credit:

  • 55.5 Hours of General and Civil Trial Certification
  • 6.5 Hours of Ethics Credit
  • 5.0 Hours of Technology Credit
  • 100+ speakers!

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