Using Electronic Discovery in Your PI Case to Find Hidden Gems

Using Electronic Discovery in Your PI Case to Find Hidden Gems

CLE Chair: Melanie Sulkin of Aylstock Witkin Kreis & Overholtz, PLLC

Virtual CLE | Friday, June 5 | 12:00 PM via Zoom
CLE Credit To Be Applied For

Modern litigation leaves digital evidence everywhere — from text messages and Teams chats to metadata, trucking software, and mobile applications. Knowing how to identify, request, and use that information can uncover critical evidence and strengthen your case.

Join Annika Martin of Lieff Cabraser Heimann & Bernstein, LLP and Zachary Wool of Barrios Wool LLC for a practical CLE focused on using electronic discovery (ESI) in personal injury litigation.

Topics Include:

• What is ESI and Identifying additional sources of ESI -teams/other application messages; software for tracking; cell phone- specific apps, trucking applications.
• Using specific language in discovery requests to access ESI -narrowly craft discovery to make sure you get what you want; conferring early in case management conference on verbiage company uses.  In Colorado we have a section about ESI in the proposed CMO and nobody utilizes it.  Could be an area to confer before burning discovery requests on terms utilized by the company; discuss search terms- what they are, why they are important; discuss that some of the ESI should be disclosed under 26(a)(1) without a request for production.
• Proportionality - How to discuss with opposing counsel and the court how this type of discovery is proportional. What should be the scope of the request?
• What to do with the data/lack of data - Phones or emails having nothing- could this mean there is spoliation? Can you figure out whether/when the data was deleted?  Using metadata to verify nothing has been modified?  Can you tell if something else is being withheld?  Fight the privilege log.  Finding diamonds in the disclosed information.