Syllabus

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

starfleet academySection 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 BIntroduction to the Sedona Conference

Module C New Age of e-Discovery 

Module DThe Cooperative Approach to Electronic Discovery, Bob Dylan, and Justice Breyer. 

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

Module FLectures 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 GStrategic Culling For Cost Control.

Module HData About Data.

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

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

Module KThird Edition of The Sedona Principles and Criticisms of Principle Six

Module LDiving 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 NKen 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 RSummary of the Introduction to e-Discovery.

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

Module AWhat 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 OWhat 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 ALectures by Professor Steven Gensler and Judge John Facciola on e-Discovery and the Federal Rules of Civil Procedure.

Module BJudge 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 DPart 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 FRules 37(e) and 26(b)(2)(B).

Module GGoing Deeper Into Rule 26(b)(2)(B).

Module H “Winning isn’t everything, it’s the only thing” – Examining big e-discovery cost awards for winners.

Module I Special Masters and the Future of e-Discovery; a review of an article by Jonathan Redgrave and Shira Scheindlin.

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 KRule 34 Requests for Production of Documents, including the opinions of Judge Facciola.

Module LMore 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 RTwo Cases on Rule 45 Subpoenas, including the famous Fannie Mae decision.

Module SAn 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.

privacy.noneSection Four – Technology, Privacy and Ethics. 17 Classes.

Module APart One of Craig Ball’s Explanation of the Technology Behind e-Discovery.

Module BPart Two of Craig Ball’s Explanation of the Technology Behind e-Discovery.

Module CCooperation and Proportionality in Discovery.

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

Module EHow 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 IPrivacy Issues in the Search For Truth.

Module JHash, Search and Privacy.

Module KLawyer’s Duty of Confidentiality.

Module LJudge Facciola on E-Discovery and Ethics.

Module MLecture by Ralph Losey on Diligence and Cooperation.

Module N Team Ethics and the Qualcomm Saga.

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

Module PLaw Firms Threatened by Fat Chameleons.

Module QThere 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).
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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 BLandmark 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 DSix  Super Sanctions Cases.

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

Module FIn-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 HInside the Head of a Digital Pirate, featuring quotes from Captain Jack Sparrow of Pirates of the Caribbean.

Module ITextbook Case of Discovery Abuse Exposes a Fallacious “Pig in a Poke” Defense.

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

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

Module LThree 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

Ralph Losey is a practicing attorney who specializes in electronic discovery law. He is a principal in a U.S. law firm with over 50 offices & 800 lawyers where he supervises electronic discovery work and litigation support. Ralph has written over two million words on law and technology, including six books on electronic discovery. His latest books are "E-Discovery for Everyone" (ABA 2017) and "Perspectives on Predictive Coding" (ABA 2017) (ed. & contributor). His blog is widely read in the industry: "e-DiscoveryTeam.com." Ralph is the founder and principal author of "Electronic Discovery Best Practices" and "e-Discovery Team Training," a free online course covering all aspects of e-discovery. Ralph's sub-speciality is the search and review of electronic evidence using multimodal methods, including artificial intelligence. He also has a free online training program to teach these advanced methods - the "TAR Course." Ralph has devoted a month of his time each year since 2013 to research and test various AI-enhanced document review methods. In 2015 and 2016 Ralph and his Team participated in the TREC Total Recall Track experiments sponsored by the National Institute of Standards and Technology. Ralph has been involved with computers and the law since 1978. His full biography is found at RalphLosey.com. Ralph is the proud father of two children, Eva M. Losey and Adam Colby Losey, a high-tech lawyer married to another e-discovery lawyer, Cat Jackson Losey, and, best of all, Ralph has been married since 1973 to Molly Friedman Losey, a mental health counselor and life-long friend.