In this practical webinar, you will learn about recent developments in e-Discovery and spoliation law. You will learn from a number of cases around the country to analyze how various judges have ruled on spoliation issues and determine when the duty to preserve evidence arises. You will explore the different rulings that have been reached, which range from sanctions for bad faith to upholding a duty to preserve evidence – even if that evidence is in the immediate control of a non-party.
Although courts come to different conclusions on exactly how to handle a spoliation issue, one thing remains certain: courts have little or no patience with attorneys who are not familiar with technology, e-Discovery, and spoliation issues.
You will learn about the necessity of understanding technology issues and obtain a basic outline of the law. If you are wondering whether you know enough about technology, e-Discovery, and spoliation – you probably do not.
Upon course completion, you will be able to answer the following questions:
- What is a “duty to preserve” and when is it triggered during litigation?
- How can litigators avoid spoliation problems while using spoliation as a litigation weapon?
- How can parties use claw-back agreements to mitigate damage from inadvertent disclosures?
- When and how do courts sanction parties who have destroyed or lost electronically stored information?
- What advice should litigators provide to their clients regarding the preservation of electronically-stored information?
After the course, speakers will engage in a question and answer session with participants to answer any remaining questions directly.
Charles "Chuck" Hoey
Charles "Chuck" Hoey has litigated workers' compensation, general liability, coverage, subrogation, and other insurance claims for nearly 30 years. He is experienced in varying workers’ compensation claims, including retail, trucking, distribution centers, factories, home health care, loggers, and construction. He has also litigated wrongful death, auto accident, coverage issues, and other liability claims. He co-wrote "Not Knowing Better" Is Not An Option; Technology - What You Don't Know Will Byte You in the July 2017 issue of For The Defense. He is active in various defense organizations including DRI, Atlanta Claims Association, and GDLA.
Drew Eckl & Farnham
Robert Quinn focuses his practice on General Liability Defense as an Associate at Drew Eckl & Farnham. Mr. Quinn has a strong background in representing defendants ranging from large international corporations to small businesses and individuals. He has handled cases involving premises liability, auto liability, transportation law, and wrongful death. He represents clients in tort and contract defense in State and Federal courts. He has taken and defended nearly 100 depositions, prepared expert witnesses, and handled nearly every aspect of litigated claims, including serving as first chair on jury trials and more than 50 bench trials. Prior, Robert was a 5-year associate at a boutique firm in Atlanta, where his practice focused on commercial litigation, including commercial landlord representation, note and guaranty litigation, and commercial property tax disputes. While attending Georgia State University’s College of Law, as a member of the Student Trial Lawyers Association, Mr. Quinn won the Regional Championship for the National Trial Competition.
CLE Credits (Law)
In some CLE states, the course will be submitted to the bar after you register. If for any reason the course is not approved, we will fully refund your registration fee. If a state is listed on this course, then we are confident the course fits that state's standards and already is or will be approved for credit.
What is a webinar?
A webinar is simply a seminar that you attend online. You either watch a live video feed of the speaker or listen to the speaker through your computer, tablet or phone’s audio. You see the speaker’s slides, videos, and other presentation materials on your screen.
Can I ask questions during the webinar?
Yes. During the live webinar, you may submit questions and comments and the speaker will respond verbally. For a recorded webinar, your questions will be emailed to the speaker. You will typically receive a response from the speaker within two business days.
Can I attend using a tablet or smartphone?
Yes. You may attend a webinar using a computer, tablet or smartphone.
If I can’t attend a webinar live, can I view the recording later?
Yes. Shortly after each live program ends, we send all webinar registrants a link to the webinar recording. You can view the recording as many times as you like after the live webinar for up to 12 months.
What is an on-demand webinar?
An on-demand webinar is a previously recorded webinar that you may view at any time after your purchase for up to 12 months.
Can I stop a recorded webinar and start it later at the same point?
You can stop a recording and later log back in and navigate to any point in the webinar. The system will not force you to view the entire recording from start to finish.
Can I listen to recorded webinars on a tablet or smartphone?
Yes. You will be able to listen to any of our on-demand webinars on your computer, tablet, or smartphone.
Do the webinars qualify for Continuing Education Credit?
Almost all of our webinars are approved for continuing education credit, including CLE (in all states), CCB, CPE, HRCI, IRS and SHRM credit. Unlike many providers, we don’t charge you any additional fee to process your credit. If you have specific questions, please call us at 703-372-0550 or contact us.
Can I still receive Continuing Education Credits if I view the webinar recording instead of the live presentation?
In most cases, the answer is yes. Recorded webinars are not eligible for CLE credit in the following states: AR, KS, MS, NE, and RI. In all other jurisdictions, recorded programs are eligible for credit. In addition, CPE credit is not available for recorded webinars. Please note that recorded webinars are only eligible for a certain period of time based on the jurisdiction. To ask about your specific type of Continuing Education Credit or the requirements in your jurisdiction, please call us at 703-372-0550 or contact us.
Will I receive a certificate of completion after the course?
Yes. A certificate of completion will automatically be uploaded to your Clear Law Institute account after completing the live or on-demand webinar.
Do I need to be a member to receive a certificate of completion?
No. An account will automatically be created for you when registering for a webinar. You will then be able to access your certificate of completion after completing a webinar.
How do I determine my states’s CLE requirements.
Please find your state listed here with instructions for calculating the number of credits in your state.
How will I submit my attendance to receive CLE credit in my state?
Please find your state listed here with instructions for confirming your CLE attendance.
How does the money-back guarantee work?
Clear Law Institute stands behind all of its courses with a no-risk, money-back guarantee. If you are not satisfied with the quality of a webinar, we will fully refund your money—no questions asked. If you purchase an annual all-access membership, you can cancel within 14 days for a full refund.