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E-Discovery and Ethics: Technology assisted reviews, predictive coding, the judicial role and ethical considerations
Member Price    $95
Non-Member Attorney Price    $150
For affirmation quantities greater than 100, please contact
the CLE Institute for customized pricing options.

Course ID: C061212

Credits: 3 MCLE Credits
3 MCLE Credits: 1 Ethics; 1 Skills; 1 Professional Practice Non-transitional


Program Co-Sponsor: NYCLA’s Ethics Institute

Program Chair:

Nancy Morisseau, Hughes Hubbard & Reed LLP


Hon. James C. Francis, US Magistrate Judge, SDNY
Steven Berrent, Managing Director, WilmerHale Discovery Solutions
Jason Lichter, Seyfarth Shaw LLP
Lewis Tesser, Tesser, Ryan & Rochman LLP


A diverse panel of experts including a US magistrate, practitioners, an ethicist and a discovery solutions expert will provide a primer on technology-assisted reviews, predictive coding, current case law and the ethical problems that are inherent in using e-discovery software. Some of the issues which will be addressed include:
• Defensibility/Validation of technology-assisted reviews
• Reasonableness of predictive coding: advantages; impact of size of data set
• Different types of technology-assisted reviews/predictive coding: are all types of technology assisted review technology alike? How to integrate into a firm’s review platform
• Disclosure obligations and benefits
• Uses of technology-assisted reviews that do not have ethical implications
• Judicial role: when the court should become involved in evaluating a review protocol; standards a court should use in reviewing technology-assisted review; what the court will  require from the parties to be satisfied as to the reliability of technology-assisted review; can a court require disclosure of seed sets if selection of the seed documents constitutes attorney work product or if the sets contain documents that contain work product, attorney-client communications, or confidential documents
• Resources and models available to small firms
• Benefits of e-Discovery to small organizations and law firms
• Ethical applications: reasonable inquiry problems; negotiations with opposing party; inadvertent disclosure of information; disclosure of confidential information in metadata; outsourcing e-discovery and client confidentiality

 Original Tape Date: June 12, 2012

All Programs include: (1) Affirmation and (1) DVD/CD packet.

To receive CLE credit for program on DVD/CD: DVD/CDs are embedded with CLE codes that you must copy onto a supplied affirmation sheet. Return the signed and dated affirmation to the NYCLA CLE Institute to be issued a CLE certificate. We recommend that you watch/listen to DVD/CDs as soon as possible. We can only issue CLE credit if the law is still current. The date of your signed affirmation will determine the date of your CLE certificate.

Course Materials: DVDs have a PDF file of the course materials on the DVD itself. CD orders will come with a separate CD with a PDF file of the course materials. Written materials provided only upon request.


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