The Beginning:  This first session of Civil Litigation addresses what litigation actually is (e.g., it is not a “substantive” area of the law) and covers use of the Internet to find resources beneficial to litigation paralegals.  The presentation will also include:  commencement of the action; conflict of laws; pleadings; affirmative defenses; counterclaims, cross-claims and third party practice.  Emphasis throughout all three Civil Litigation sessions will be on the Federal Rules of Civil Procedure and what paralegals need to know about them to be effective members of the litigation team. 
 

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Conference ID – 3591

Digital evidence is quickly becoming the number one source of evidence in discovery.  As more corporations, government agencies and businesses in general create the majority of their communications and business information electronically, the legal profession has to learn to adjust and utilize this information.  Business Week, in its annual business survey, revealed that 95% of all the information created by businesses, regardless of size, is in electronic form.

Individuals are no different.  It is estimated that since 2010, we sent more email, text messages and tweets and Facebooked more than we used the phone.  Some studies suggest even more than we verbally communicated.

The judiciary is keenly aware of this, and among other things, has amended the Federal Rules of Civil Procedure (FRCP) to reflect this paradigm shift in how legal professionals handle this abundant electronic evidence.

There is plenty of information out there on the FRCP, pre-discovery planning and how to produce digital evidence, and many vendors that do so, but that’s only the tip of the iceberg.  The real trials and tribulations of dealing with digital evidence lie in understanding how to identify relevant ESI, where it’s located, how to harvest it, and how to effectively use it.  And that’s what we will touch on today.

Joseph Caruso is the President, CEO and CTO of Global Digital Forensics, an industry leader in Computer Forensics, eDiscovery, Cyber Security and Expert Witnesses in New York. Mr. Caruso is a Certified Computer Forensic Examiner and a member of the College of Forensic Sciences. He has written many articles on Computer Forensics.

 

E-Discovery presentations have surged into the legal community since the Federal Rules of Civil Procedure were amended in 2006 to include the collection of Electronically Stored Information (ESI).  There are conferences, roundtables, blogs, magazines, and a good number of topics in forums such as NALA Live! which deal with the importance of E-Discovery, the law behind it, and some of the directions in  which Judges and the Rules are going.  It is difficult to find a presentation which deals with protocols and methods of actually engaging E-Discovery.  E-Discovery: A Practitioner’s Lab does just that.
 
Participants will learn not just about the law which provides the foundation of E-Discovery, but the methods and protocols which are the fabric of E-Discovery.  A case is opened at your firm in litigation, with an ad damnum that is respectably high.  What is the first thing that needs to be done to comply with the unforgiving world of E-Discovery, where sanctions for ESI spoliation or other failures in the E-Discovery life cycle have been as high as $8,500,000  since 2006 (Qualcomm case).  What are the steps along the E-Discovery trail that need to be taken and documented for defensibility? How do you interview a custodian of ESI for your client?  How do you document it? What questions are asked?  How about the IT infrastructure interview? Finally, how is this collected, preserved, processed, reviewed, and ultimately produced?
 
E-Discovery: A Practitioner’s Lab will provide the protocol tools and methods for being an active participant in this critical world.  The result will be that you will have an understanding from the practitioner’s point of view of what is to take place.  You will have a collection of the best practices forms to use in documenting each stage of the process.  No, you may not have the experience of flying this aircraft just yet (all beginning pilots have an experienced instructor in the cockpit), but you will leave this Lab with an understanding of how the instruments work and what actions affect the flight of your E-Discovery plane.

Michael Yager is the Director of e-Discovery for Spotts Fain, Michael contributes to the Firm's compliance with best practices in e-Discovery. He plays an active role in helping to ensure that this segment of litigation complies with the Federal and State rules governing it. Over the years, he has been involved in serving clients in cases both small and large, from trial support and preparation in federal courts throughout the country to managing an e-Discovery collection in the People's Republic of China. Michael is involved in every stage of e-Discovery for the Firm and its clients, from the forensic collection and processing of electronically stored information (ESI) to the management of a litigation database for review and production of documents responsive to either litigation discovery requirements or third-party subpoenas.

 

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Conference ID – 3586
 

This is an entry level introduction to evidence.  Developed especially for the legal assistant who has had limited or no experience with trial preparation and assisting in the courtroom.  Included will be a discussion of why and what legal assistants need to know about the rules of evidence and their purpose, the nature/definition of evidence, the admission or exclusion of evidence, relevance (what it is, what it means), materiality (what it is, what it means). 
 

Ms. Sanders-West was President of NALA from 1986–1988, and is a familiar instructor in Certified Paralegal Review Courses. She has served as Chair of the national Certifying Board for Legal Assistants, and is a former instructor in the Legal Assistant Program at Wichita State University, Wichita, KS.
 

Karen Sanders-West, ACP, JD

Tuesday, September 17, 2013
3 – 5 pm Central Time

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Conference ID – 3596

This advanced program is created for the Legal Assistant who has extensive experience in trial preparation and assisting in the courtroom.  Hearsay will be discussed, as well as opinion and expert testimony, burden of proof and presumptions, admissibility of evidence generated by technology, evidence authentication and best evidence doctrine.  Practical examples of how the rules come into plan in the courtroom will be provided, along with references to case law interpreting the rules.  The primary emphasis will be on the role of evidence in civil actions with limited discussion of evidence in criminal matters.

Ms. Sanders-West was President of NALA from 1986–1988, and is a familiar instructor in Certified Paralegal Review Courses. She has served as Chair of the national Certifying Board for Legal Assistants, and is a former instructor in the Legal Assistant Program at Wichita State University, Wichita, KS.
 

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Conference ID – 3610

This presentation will feature the tools and techniques paralegals need when conducting internal fact finding investigations on behalf of a client. In case-scenario format, the session will cover the structure of fact analysis and major guides to fact gathering, the investigation “game plan,” and how to conduct a successful fact finding investigation. Sources of information, aligning facts to the issues-at hand, and gaining the cooperation of others will be covered, along with challenges and roadblocks, and pulling the fact finding investigation together in written form for attorney review.
 

Patricia J. Gustin, CP, CFEI, is a freelance paralegal based in Harrisburg. She specializes in product liability, construction defects, fact investigation, and other types of lawsuits for law firms and expert witnesses. Over the past 13 years, she has assisted a nationally recognized expert witness in successfully representing clients in over 500 cases.

Pat is a long time, active volunteer for NALA, including authoring articles for Facts and Findings, past Continuing Education Council members, project coordinator and continuing educational educator. She is a 4-time Member Exchange presenter, and regular presenter for NALA Campus LIVE! She is a 2-time recognee of NALA’s “Making a Difference” program. She is the former director of a paralegal education program, and continues to educate paralegals through seminars, written works, speaking engagements and volunteer activities.
 

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Conference ID – 3592
 

This This class is an overview to the Case Management/ Electronic Filing System (CM/ECF) and I will walk you through how to obtain a password, login to the system, and file documents. We will also cover common mistakes that are made so you can learn how to avoid making them. At the end of the class I will discuss what is on the horizons for the CM/ECF system so that way everyone will have the most current knowledge possible.

Jeffrey Allsteadt began his career in court administration in 1990 in the Michigan State court system working for the Oakland County Circuit Court. He was honored as Employee of the Year in 1999 by his peers.  In 2000, he obtained his Master’s degree from Central Michigan University. Over the years he has developed his expertise in court operations and management. In August of 2007, he joined the Central District of California in the federal court system as Assistant Deputy in Charge.  He is a graduate of the Federal Court Leadership Program and the Michigan State University Judicial Administration program. In December of 2010 he was selected as the Chief Deputy Clerk for the Southern District Court of Iowa. In addition to his court experience he has also taught at University of California paralegal program and at the University of Phoenix.
 

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Conference ID – 3606

FOIA, otherwise known as “The Freedom of Information Act” What is it? Why do we need it? Who can use it? What it can and what it cannot do. How to use FOIA to get the information you need. These and other question/applications regarding FOIA will be addressed in this NALA Campus LIVE! session.

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Conference ID – 3632

This interactive NALA Campus LIVE! course will walk you through the steps of electronic discovery beginning at the initial intake of a litigation matter and systematically will discuss the steps involved in the workflow and documentation of each aspect of the matter. We will look at preservation, collection, review and production and the importance of properly documenting each step.  In addition we will discuss some of the historic and continuing changes in the law as well as the case law that got us there.

Dorothe McMahon is a Corporate Paralegal in the Intellectual Property Litigation area with E.I. DuPont de Nemours and Company in Wilmington, Delaware.  Dorothe has been a paralegal for 20 years and holds the Advanced Certified Paralegal Credential in the areas of Discovery, Trial Practice and Contracts Management.  She specializes in multi-jurisdictional document intensive matters. 

Dorothe is an Adjunct Faculty Member at Harford Community College in Churchville, Maryland where she has been teaching a “Technology in the Law Office” course since 2009.  She has presented numerous NALA Campus Live programs in the areas of E-Discovery, Advanced Discovery Techniques and is a past presenter of The Electronic Discovery Institute at the 2007 NALA Annual Convention in New Orleans, Louisiana. In addition she has written articles on the subject.  Dorothe is a Past Member of the Maryland State Bar Association Special Committee on Paralegals, a Past Region II Director and Board Member of the National Association of Legal Assistants, Inc. and Past Board Member and Founder of Baltimore City Paralegal Association, Inc.
 

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Conference ID – 3601
 

This fast-paced and revealing presentation addresses how to use online resources to investigate experts.  In today's practice, paralegals are often asked to research experts, and so many are generally aware of some of the resources available to do that task.  Through this presentation, paralegals will gain an even better understanding of (1) what to look for when researching experts, (2) the types of information available online to learn about experts, and (3) the strategic use of such information once found.  By participating in this session, paralegals will be better prepared to thoroughly research their own experts and find damaging information about the opposition's. 
 

David Dilenschneider is a Director of Client Relations (Litigation) for LexisNexis.  In his role, David not only monitors the legal industry to identify trends and potential future developments but also consults with firms and corporations across the country to discuss their challenges and needs. 
 

David is a nationally-known speaker who has conducted over 1,800 presentations to tens of thousands of attendees in cities across the country – including presentations to almost every firm in the NLJ 250. 
 

David has also presented at numerous programs offered by the National Institute for Trial Advocacy (“NITA”) and has served as a speaker or moderator at prominent legal-education conferences (e.g. HB Conferences, Mealey’s Teleconferences, the Litigation Technology Summit, the Legal Computing Summit, LegalWorks and The American Association of Law Libraries), at bar association meetings (e.g. California, Colorado, New Mexico, Louisiana, etc.), and at law schools (e.g. Harvard, Stanford, Northwestern, etc.).  Internationally, David spoke on the topic of the Democratization of Knowledge and the Role of Electronic Legal Research at a conference held at the National Law University, Delhi (India).
 

In addition to his speaking engagements, David writes frequently about the utilization of electronic resources in the practice of today’s litigator.  He recently co-authored an extensive article about docket utilization for Law360.  In addition, he is the co-author of a chapter (“Selecting and Retaining an Expert”) in Litigators on Experts:  Strategies on Managing Expert Witnesses from Retention through Trial (published by the ABA) and has authored (or co-authored) articles published in ALM’s The Corporate Counselor, ALM’s Legal Tech Newsletter, BNA’s Expert Evidence Report, in Expert Alert (a publication of the ABA Section of Litigation Expert Witness Committee), at the Expert Witness Committee’s website, in The Metropolitan Corporate Counsel, and in the Los Angeles Daily Journal.  He is also a co-author of a White Paper titled “Finding and Researching Experts and Their Testimony” (available at www.expertwitnesswhitepaper.com, portions of which have been republished elsewhere).  Finally, David has recorded a podcast on researching experts for the Sound Advice Audio Library (of the ABA Section of Litigation).
 

David received his B.A. (cum laude) from the University of Notre Dame and his J.D. from The Ohio State University College of Law.  Prior to joining LexisNexis, David was a litigator for six years with Vorys, Sater, Seymour and Pease LLP in Columbus, Ohio.