BLOOMBERG BNA WEBINAR EVENT: Sanctioning Inside Counsel, Retained Counsel and Parties: What? Why?
Thursday, May 23, 2013
1:00 PM - 2:30 PM ET
Sanctions are rarely imposed for eDiscovery or other litigation misconduct. However, when imposed, sanctions inevitably draw attention. Recent decisions have seen sanctions imposed not only on parties but on inside counsel and attorneys retained to represent corporate parties. Moreover, ethics opinions and rules can lead to sanctionable misconduct.
Why are sanctions imposed on these actors? What can be done to minimize the risk of sanctions? This program explores these questions through recent case law and ethics-related developments.
Electronically stored information (ESI) is pervasive throughout corporate and government entities and is increasing exponentially. ESI is commonly sought in discovery, and the mishandling of ESI is often the focus of sanctions. ESI must be mastered by inside counsel and must be coordinated with retained counsel for review and production purposes. This program focuses on that relationship and the respective obligations of all counsel involved in litigation. The faculty will explain what “competence” means in our digital age.
- Understand the relationship and duties of inside and retained counsel in litigation.
- Learn what misconduct can result in the imposition of sanctions on inside and retained counsel.
- Find out about the ethical dimensions of the use of technology by attorneys.
Who would benefit most from attending the program?
Attorneys who are the “actors” in litigation and in investigations would benefit from this program, which will explore their interrelationships and use of technology:
- Inside counsel and members of corporate or government legal departments who coordinate and supervise litigation.
- Retained counsel who represent corporations or government entities.
- Attorneys, both inside and retained, who must understand technology and how technology can be used and misused.
Program Level: Advanced
Credit Available: This program’s CLE-credit eligibility varies by state.