Julian B. Lane Riverfront Park / Tampa River Center
402 W. Laurel St.
Tampa, FL 33607
Overview (Program Summary)
A program hosted by:
ACC Tampa BayACC Tampa Bay is partnering with Fisher Phillips to bring to you an afternoon CLE and Cocktail Reception to highlight ACC Global Membership Month. This will be a chance for members, and eligible non-ACC members to attend this event and gain Ethics and Technology CLE credit while networking with other Tampa Bay attorneys.
Time:
3:00PM - Registration
3:30 PM - 4:30 PM - CLE Presentation
4:30 PM - 6:30 PM - Reception/Networking
Where:
Julian B. Lane Riverfront Park / Tampa River Center
CLE:
Ethics & Technology credit APPROVED
Topic:
The Role of Ethics and Technology in Preserving Your Company’s ESI
This session will focus on the ethical ground rules of which in-house counsel need to be aware when designing and implementing a defensible litigation hold and collection policy to collect and organize electronically stored information (ESI), focusing on two hypothetical employment law cases: a sexual harassment claim involving multiple alleged harassers and multiple alleged victims over the course of several months, and an employee defection and trade secret case involving allegations of misappropriation of confidential information (raising confidential information preservation issues but also a forensic analysis and metadata situation). Focal points of this presentation will be the frequently recurring decisions that counsel face in these two paradigm cases, including:
- What happens when employees have ESI relevant to the allegations from their former employer on their personal electronic smart phones, personal email accounts, and home computers? Is such ESI in the “control” of the employer as defined by federal rules, and does the new employer have an obligation to preserve and collect?
- What happens if an employee refuses to cooperate in the collection of this ESI?
- What dangers lurk if an organization decides to “self-collect” such information?
- What are the most common pitfalls with the execution of litigation holds?
How involved should in-house counsel be in this process to satisfy ethical duties?
Speakers
Christine E. Howard
Regional Managing Partner, Tampa
Partner, Atlanta