Presentations

John Jablonski Panelist of E-Discovery Webinar, Pension Committee Revisited: Where Do We Go From Here? March 17, 2011

Legal Hold Pro conducted a two-hour webinar on March 22, 2011 that looked at trends in preservation, whether new Rules updates will happen and what they might look like.  A discussion was conducted with ten leading e-discovery experts, including John Jablonski of Goldberg Segalla.

Listen to the webinar here

Session 1

  • How do you advise your clients today concerning differing standards and expectations when it comes to preservation of ESI?
  • What are the largest areas of disagreement among Circuits and the District Courts after Pension Committee and the other decisions?
  • What are some of the unsettled questions you see, and how do you see rules-making bodies potentially addressing those questions?
  • How is social media affecting data preservation protocols?
  • What do you do with the rogue employee?
  • How do you defend your actions as being reasonable and in good faith?

Session 2

  • What type of guidance would you expect counsel to provide their clients?
  • How does self-preservation and self-collection fit?
  • Can you comment on the topic of fairness and where Judge Scheindlin might have been going in Pension Committee? How does proportionality and cooperation fit in?
  • Who should bear the burden of establishing relevance and prejudice?
  • How do you bring proportionality into the decision regarding what to preserve?
  • Are litigation hold notices subject to discovery?
  • If Judge Scheindlin was a catalyst, where do you see these discussions heading, and how can counsel best prepare given the lack of national standards?