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Attorneys Speaking

Frank Burke Speaks on E-Discovery, Retention in San Francisco

March 15, 2005

In March, Frank Burke of the Phoenix office is speaking at two events in San Francisco.

On March 15, 2005, at the 2nd National Advanced Forum on Document Retention & E-Discovery, he will speak on two related topics: “Finding Your Way Through the Maze of Document Retention Laws” and “Containing the Costs of Electronic Discovery.”

For the first, “Finding Your Way Through the Maze of Document Retention Laws,” where he is a co-presenter, Mr. Burke will address legal definitions, changing parameters, meeting due-diligence obligations, evading traps, ensuring validity, creating corporate policies for tape backup, proving a clean chain of custody, and avoiding sanctions for non-compliance.

For the second, “Containing the Costs of Electronic Discovery,” Mr. Burke will explain how to keep electronic discovery from becoming extremely expensive and outline legal and technical strategies to deploy to keep costs—particularly hidden costs—down.  He will also discuss using the marginal utility test (McPeek v. Ashcroft/Rowe), understanding the all-important Zabulake case, and responding to what courts say about distributing costs.

For more information, check the Document Retention & E-Discovery Conference on the American Conference Institute website.

On March 17-18, he is presenting at the Glasser LegalWorks seminar on three topics: retention policies, the Zubulake case, and e-discovery cases and rules.

E-Document Retention Policies: Damned If You Do...(Thursday, 3:30 p.m. - 4:45 p.m.) Well-crafted and -implemented e-retention policies, the first line of defense against spoliation claims, help firms avoid sanctions and lower discovery compliance costs. This workshop focuses on elements of a sound records retention program and practices to ensure it succeeds.

Tough to Pronounce, Essential to Master: Making Zubulake Work for You (Friday, 2:15 p.m. - 3:30 p.m.) More than any other case, Zubulake v. UBS Warburg LLC has defined the electronic discovery battlefield, addressing key issues such as preservation, spoliation, and cost-shifting. This session reveals how to use the Zubulake decisions to your advantage.

The Baker's Dozen of Must-Know E-Discovery Cases and Rules (Friday, 4:00 p.m. - 5:00 p.m.) This panel covers rules and decisions attendees need to know, whether they are new to electronic discovery or an old hand, to stay apprised of the leading decisions, able to track the changes in federal and state rules, and alert to trends.
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