Attention:
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eDiscovery bajo las Normas Federales de Procedimiento Civil


Level: Intermediate
Runtime: 60 minutes
Recorded Date: February 26, 2024
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Agenda

  • Deberes de preservación y presentación
  • La Norma 26(g)(1) - Deber de investigación razonable 
  • La Norma 26(f) - Conferencia de descubrimiento
  • Normal 34 - Solicitudes de documentos
  • Reunirse y deliberar
  • Norma 37 - Sanciones
  • Preguntas 

For NY - Difficulty Level: Both newly admitted and experienced attorneys

Description

La mayoría de los abogados saben que la información relevante almacenada electrónicamente (ESI) debe preservarse y presentarse en un litigio. Sin embargo, más allá de esas obligaciones básicas, es posible que muchos abogados no conozcan el marco que imponen las Normas Federales de Procedimiento Civil (FRCP) sobre el descubrimiento de ESI. Este programa ofrece una descripción general de las disposiciones clave del FRCP que dirigen el proceso de descubrimiento en un tribunal federal y delinea pautas y mejores prácticas para manejar esos requisitos. Los temas cubiertos en este programa incluyen:
  • Desarrollar una mejor comprensión del FRCP que aborde la preservación y presentación de ESI relevantes.
  • Familiarizarse más con el deber de realizar una investigación razonable y cómo afecta el descubrimiento de ESI.
  • Obtener conciencia sobre las disposiciones sobre sanciones por descubrimiento de evidencia y cómo pueden afectar tanto a los clientes como a los abogados.

English:
Most lawyers know that relevant electronically stored information (ESI) must be preserved and produced in litigation. Beyond those basic obligations, though, many attorneys may not be aware of the framework that the Federal Rules of Civil Procedure (FRCP) imposes on the discovery of ESI. This program offers an overview of the key FRCP provisions that direct the discovery process in federal court and delineates guidelines and best practices for handling those requirements. Topics covered in this program include:
  • Developing a better understanding of the FRCP that address the preservation and production of relevant ESI
  • Becoming more familiar with the duty to conduct a reasonable inquiry and how it affects the discovery of ESI
  • Gaining an awareness of discovery sanctions provisions and how they can impact both clients and counsel

Provided By

Puerto Rican Bar Association
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Panelists

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Honorable Gabriel A. Fuentes

Magistrate Judge
U.S. District Court - Northern District of Illinois

U.S. Magistrate Judge Gabriel A. Fuentes was appointed on May 31, 2019. From March 2006 through May 2019, he was a partner at the Chicago law firm of Jenner & Block, where he co-chaired the firm’s Pro Bono Committee, conducted internal investigations, and represented individuals and corporations in federal and state criminal and civil matters, antitrust litigation, First Amendment and media law, and complex class actions.

Judge Fuentes has spoken, written, and litigated concerning proper limits on the use of expert testimony in criminal cases. From June 2001 through March 2006, as an Assistant U.S. Attorney in Chicago, Judge Fuentes investigated and prosecuted a wide array of criminal matters, tried and argued multiple cases to verdict and through appeal in the U.S. Court of Appeals for the Seventh Circuit, and engineered the safe return of three U.S. citizen children being held unlawfully in the Kingdom of Jordan.

Prior to his government service, Judge Fuentes was an associate and then partner at Jenner & Block from 1994 through June 2001, litigating complex civil matters. Judge Fuentes, who served as a law clerk to the Hon. John F. Grady in the Northern District of Illinois, holds a Juris Doctor degree from Northwestern University’s Pritzker School of Law, where he currently teaches trial practice as an adjunct faculty member. He is a former president of the Chicago Council of Lawyers, a board member of the Chicago Chapter of the Federal Bar Association, and a former board member of the Mexican-American Legal Defense and Educational Fund. He chairs the Diversity, Equity & Inclusion Committee of the U.S. District Court for the Northern District of Illinois. He also is an active member of the Illinois Latino Judges’ Association, the Hispanic Lawyers’ Association of Illinois, and the Hispanic National Bar Association, which named him Pro Bono Lawyer of the Year in 2015. Before attending law school, Judge Fuentes worked as a professional journalist for news media organizations including the Los Angeles Times, the Chicago Tribune, and the City News Bureau of Chicago. He holds a Bachelor of Science in Journalism degree from the Medill School of Journalism at Northwestern University.

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Sandra Metallo-Barragan

Counsel
Proskauer Rose LLP

Sandra Metallo-Barragan is eDiscovery Counsel at Proskauer Rose LLP, where she leads the firm’s eDiscovery Group. As a member of the Group, Sandra develops innovative, efficient, cost-effective, and defensible eDiscovery strategies and workflows and advises case teams and clients on issues related to Information Governance, eDiscovery, and Generative AI. Sandra is a member of the Sedona Conference’s Working Group Leadership Council, the Working Group on Electronic Document Retention and Production (WG1) and is a former Steering Committee member of WG1.

Prior to joining Proskauer, Sandra was Chief of the eDiscovery Division at the New York City Law Department and was previously a litigation associate at Pillsbury Winthrop Shaw Pittman’s New York office, where she was a member of the firm’s Antitrust, Corporate Investigations & White-Collar Defense group, and Information Law and Electronic Discovery practice group.

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Philip Favro

Special Master, Expert Witness, and eDiscovery & IG Consultant
Innovative Driven

Philip Favro acts as a trusted advisor to organizations and law firms on important questions surrounding discovery and information governance. Phil provides guidance on litigation hold policies, data collection strategies, and search methodologies. He also offers direction to organizations on records retention policies and the need to manage dynamic sources of information found on smartphones, cloud applications, and social networks. Phil is a thought leader and a legal scholar on issues relating to the discovery process, the confluence of litigation and technology, and information governance. His articles have been published in leading industry publications and academic journals and he is frequently in demand as a speaker for eDiscovery education programs.

Phil is a member of the California and Utah bars. He actively contributes to Working Group 1 of The Sedona Conference where he serves as the Project Manager for the Steering Committee. Phil also serves as the Director of Legal Education for the Coalition of Technology Resources for Lawyers (CTRL). Prior to joining Innovative Driven, Phil practiced law in Northern California where he advised a variety of clients regarding business disputes and complex discovery issues. He also served as a Judge Pro Tempore for the Santa Clara County Superior Court based in Santa Clara, California.


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