e-Discovery Team Training

This is a complete listing of all eighty-five classes in the e-Discovery Team Legal Training Program.

Section One: Introduction to Electronic Discovery. 19 Classes.

Opening Statement – Ralph Losey’s Introductory videos, animations, and student advice. 

Module A – Overview of the Problems Posed by e-Discovery and the Team-Based Solution.

Module B – Introduction to the Sedona Conference

Module C – New Age of e-Discovery 

Module D – The Cooperative Approach to Electronic Discovery, Bob Dylan, and Justice Breyer. 

Module E – The Intellectual Foundation of Electronic Discovery, featuring an article by Jason Baron and George Paul.

Module F – Lectures by Judge Ron Hedges: 1) Why Law Students Should Study e-Discovery; 2) e-Discovery and Criminal Law; 3) e-Discovery and International Law; 4) Advice to Law Students (with help from Judge Shaffer)

Module G – Strategic Culling For Cost Control.

Module H – Data About Data.

Module I – Times Are Changing: The Lag Between Law and the Rest of Society is Dangerous.

Module J – Why E-Discovery is Ruining Litigation in America and What Can Be Done About It!

Module K – Third Edition of The Sedona Principles and Criticisms of Principle Six

Module L – Diving Deeper Into Cooperation and Judge Grimm’s Mancia v. Mayflower.

Module M – Metrics and Advanced Technologies, featuring the Sedona commentaries on Search and Quality Control.

Module N – Ken Withers on Discovery and Cooperation, the Sedona Cooperation Proclamation, and the California Bar Ethics Opinion Setting Forth Nine Minimum e-Discovery Skills That All Attorneys Should Know.

Module O – The Language of e-Discovery (You might want to study this module first, especially if you are not that familiar with computer terminology.)

Module P – The Trials and Tribble-ations of the Data Deluge, featuring a famous episode of the original Star Trek series.

Module Q – Mathematical Formula for Justice Proves the Importance of ESI in Civil Litigation, featuring quotes and ideas of Bertrand Russell.

Module R – Summary of the Introduction to e-Discovery.

Section Two – Diving Deeper Into the Interdisciplinary Team Approach and the Art of Search. 16 Classes.

Module A – What Game Does an e-Discovery Team Play?

Module B – e-Discovery Teams Can Meet the Challenges of the “Zubulake Duty” and Control Excessive Costs.

Module C – Search is the Core Problem of Electronic Discovery, featuring legal opinions of Judge Paul Grimm and Judge John Facciola.

Module D –e-Discovery Team Search and the Ethics: Videos with Judge David Waxse, Losey, and others.

Module E – Two Cases of Inexpert Search, featuring a Losey essay with Sherlock Holmes.

Module F – Team Organization and Operational Issues.

Module G – Ariana Tadler on the Plaintiff’s Perspective to Requesting Electronic Discovery.

Module H – Surveys Shows Negligent e-Records Management Is Creating “Stunning Business Risks” and a Case in the Supreme Court Proves It.

Module I – e-Discovery at the Harvard Club in New York City, featuring the thoughts of David Shonka, Sherry Harris, Tom O’Connor, Monica Bay, and others.

Module J – Jason Baron on Search – How Do You Find Anything When You Have a Billion Emails?

Module K – Child’s Game of “Go Fish” is a Poor Model for e-Discovery Search.

Module L – Part One: The Multi-Modal “Where’s Waldo?” Approach to Search and My Mock Debate with Jason Baron.

Module M – Part Two: The Multi-Modal “Where’s Waldo?” Approach to Search and My Mock Debate with Jason Baron.

Module N – Criminal Case Raises Interesting e-Discovery Search Issues, featuring an opinion by Judge John Facciola.

Module O – What Can Happen When Lawyers Delegate Their e-Discovery Duties to a Client, featuring and opinion by the Chief Bankruptcy Judge in Manhattan, Arthur J. Gonzalez, and an old radio show, “Let George Do It.”

Module P –Sedona Provides Much Needed Guidance on Email Management, Legal Holds and ESI Preservation.

Section Three – Federal Rules of Civil Procedure and Evidence. 20 Classes.

Module A –Lectures by Professor Steven Gensler and Judge John Facciola on e-Discovery and the Federal Rules of Civil Procedure.

Module B – Judge Shira Scheindlin on the New Rules(2006) and Ralph Losey on Rule 37(e).

Module C – The Foundations of Digital Evidence; a review of George Paul’s book.

Module D – Part One of a Lecture by Judge Paul Grimm on the Application of the Rules of Evidence to Electronically Stored Information.

Module E – Part Two of a Lecture by Judge Paul Grimm on the Application of the Rules of Evidence to Electronically Stored Information.

Module F – Rules 37(e) and 26(b)(2)(B).

Module G – Going Deeper Into Rule 26(b)(2)(B).

Module H – The Importance of Proportionality to Electronic Discovery.

Module I – The Proportionality Game: “Small, Medium or Large?”

Module J – Two e-Discovery Guides for Judges Provide Good Advice for All; a review of a guide for federal judges by Judge Barbara J. Rothstein and Judge Ronald J. Hedges, and another guide for state judges by the Conference of Chief Justices.

Module K – Rule 34 Requests for Production of Documents, including the opinions of Judge Facciola.

Module L – More on the Key Problem of “Not Reasonable Accessible” Data.

Module M – Metadata, Objections as to Form of Production, Golf and Metadata, and Metadata Bloopers, including Judge Waxse’s famous opinions in Williams, and other cases and arguments on Native Production.

Module N – Should You Go Native? More on the controversy of production in native file format, featuring the paintings and sayings of Paul Gauguin.

Module O – Paper or Plastic? The Wisdom of Supermarket Bag Boys and the Need for Local Rules; including Losey’s infamous “Paper or Plastic” video.

Module P – The Good, Bad and Ugly of Reasonable Search and Evidence Rule 502.

Module Q – Judge Grimm’s New Discovery Order Is Now An e-Discovery Best Practice.

Module R– Two Cases on Rule 45 Subpoenas, including the famous Fannie Mae decision.

Module S – An Open Door Gives Away The Secret, But Rule 502 Attracts It Back; a Class on Clawback and Evidence Rule 502.

Module T – 2015 Rule Amendments.

Section Four – Technology, Privacy and Ethics. 17 Classes.

Module A – Part One of Craig Ball’s Explanation of the Technology Behind e-Discovery.

Module B –Part Two of Craig Ball’s Explanation of the Technology Behind e-Discovery.

Module C – Cooperation and Proportionality in Discovery.

Module D – Inspector Clouseau and the Insights of Judge Facciola and Malcolm Gladwell Suggest a Bright Future for e-Discovery Lawyers.

Module E – How To Practice Law Like Abraham Lincoln – Be an e-Discovery Lawyer!

Module F – Chaos Theories and Information Science.

Module G –  4th Circuit Ruling on Illegal e-Discovery Adds Teeth to Federal Anti-Hacker Email Privacy Law.

Module H –  IT Workers Read Your Personal Email and U.S. Law is Generally OK with That.

Module I – Privacy Issues in the Search For Truth.

Module J – Hash, Search and Privacy.

Module K – Lawyer’s Duty of Confidentiality.

Module L – Judge Facciola on E-Discovery and Ethics.

Module M – Lecture by Ralph Losey on Diligence and Cooperation.

Module N – Team Ethics and the Qualcomm Saga.

Module O – Court Catches On To Feigned Attorney Cooperation and Client Pays the Consequences, featuring Eddie Haskell of the tv show Leave It To Beaver.

Module P – Law Firms Threatened by Fat Chameleons.

Module Q – There Can Be No Justice Unless Lawyers Maintain High Ethical Standards.

Module R – More on Professional Ethics.

Section Five – Spoliation and Sanctions. 13 Classes (including closing advice).

Module A – The Chimney Sweep Boy and the Goldsmith: the Ancient Origins of the Doctrine of Spoliation, featuring Losey’s over-active imagination and quotes of Charles Dickens.

Module B –Landmark Cases on Sanctions: Reasonable Efforts, Perfection, and Res Ipsa Loquitur, featuring the opinions of Judges Scheindlin and Rosenthal.

Module C – People Make Mistakes and the Poetry of e-Discovery.

Module D – Six  Super Sanctions Cases.

Module E – A Duo of Sanctions Cases – Wells Fargo and Hobie Cat.

Module F – In-House Counsel Sanctioned for Defendant’s Failure to Preserve Evidence.

Module G – A Trio of Interesting 2016 Sanctions Cases decided under 2015 Revised Rule 37(e).

Module H – Inside the Head of a Digital Pirate, featuring quotes from Captain Jack Sparrow of Pirates of the Caribbean.

Module I – Textbook Case of Discovery Abuse Exposes a Fallacious “Pig in a Poke” Defense.

Module J – The “Bray & Gillespie” Saga Ends with an Incredible Story of a Phone Call.

Module K – The old “Sick Computer,” “Pig in a Poke,” and “Somnambulist” defenses were tried again with no success.

Module L – Three Even More Interesting 2016 Sanctions Cases Decided under Revised Rule 37(e).

Closing Remarks by Ralph Losey. Video Summary and overview of the course and Ralph’s vision for the future development of this new field of law.

Copyright Ralph Losey 2017