E-Discovery and ESI

E-Discovery and Electronically Stored Information (ESI) has become the center of legal discovery.  More than ever, new amendments to the Federal Rules have focused on E-Discovery, ESI and obligations to preserve ESI.
The selection of a Special Master or Mediator for E-Discovery issues requires one who is well versed in all aspects of E-Discovery and ESI.  Some of these issues involve:

  • E-Discovery disputes
  • Computer Assisted Review
  • Technical Assisted Review
  • Preservation of evidence
  • State and Federal Rules on ESI
  • E-Discovery and ESI sanctions
  • Litigation hold letters
  • Current case law on E-Discovery and ESI
  • Use of forensic experts
  • Admissibility of social media
  • Privilege logs
  • Ethical duties and obligations of counsel
  • Sanctions that the Court can impose

Circuit Board With Cloud.I have studied, taught and lectured in E-Discovery and ESI for many years.  I am a Fellow in the American College of e-Neutrals, which advocates sending ESI and E-Discovery matters to mediation, which is relatively new and cost effective. I have been appointed as a neutral ESI Investigator from the Court in Miami-Dade County to oversee and report to the Court on ESI issues. I have been part of a team that has presented a seminar to judges and magistrates on ESI and E-Discovery issues.

The discovery of social media, and admissibility of the same, has also made its way to the forefront of litigation. I recently spoke on that topic at an NBI seminar in Miami, and continue to write and lecture about this important issue.