West Virginia CLE Course Catalog

From the data of Elon Musk to the texts of Alex Jones, e-discovery has become a big story in the news. With perspectives from the worlds of law and journalism, join us as we examine the e-discovery law issues and the cases that have become major media stories, including topics such as waiver of the attorney-client privilege, preservation of potential evidence, and the varied data sources making e-discovery challenging and, at times, newsworthy. In addition, we’ll examine how e-discovery matters can end up in the news and the potential pitfalls.

Join this session as our cyber insurance experts consider the current status of cyber insurance, delve into the process and the due diligence required before adopting a policy, and offer insights into the challenges you can face with your policy downstream.

In the latest installment of this popular series, Zach McGee presents Part One of “The Dirty Dozen” – the 12 most unethical lawyers in the history of lawyering in the United States. The stories of the illegal and unethical conduct of these lawyers are cautionary tales for any lawyer who values his or her law license. Rules covered include: ABA Model Rules 4.1 & 8.4; California Business & Professions Code ? 6102.

In the latest installment of this popular series, Zach McGee discusses the legal ethics issues that arise when someone other than the plaintiff is funding a lawsuit, which often goes by the name “alternative litigation finance” or ALF. Zach examines these issues in the context of the two most famous ALF lawsuits that have been prosecuted to date: E. Jean Carroll’s lawsuit against former President Donald Trump alleging that he sexually assaulted and defamed her, and Hulk Hogan’s lawsuit against the gossip website Gawker alleging that the site invaded his privacy when it published a sex tape in which Hogan appeared. Rules covered include: ABA Model Rules 1.2, 1.6, 1.7, 1.8, 5.4 & 7.2; California Rules of Professional Conduct 1.2.1 & 2.1; New York Rules of Professional Conduct 1.2 & 1.8; California Business & Professions Code ? 6129.

In the latest installment of this popular series, Zach McGee examines an important question: what are your legal and ethical obligations when your client turns out to be the devil incarnate, or at the very least, a very bad and unethical person? Using the criminal fraud and conspiracy convictions of “PharmaBro” Martin Shkreli and his lawyer, Evan Greebel, as the backdrop for the discussion, Zach provides practical guidance to lawyers should they ever find themselves representing a smart, arrogant, manipulative fraudster. Rules covered include: ABA Model Rules 1.2, 1.6, 1.13, 1.16, 4.1 & 8.4

In the latest installment in the popular “Negotiation Ethics for Lawyers” series, Zach McGee examines the use of “paltering” in negotiations – the active use of truthful statements to create a false impression – to explore whether such behavior by lawyers is ethical. Paltering is a way of deceiving the other side that differs both from lying by commission – where you misstate facts – and lying by omission – where you fail to provide information. In this program, you’ll not only learn to spot when the other side in a negotiation is paltering but also to understand why paltering works so well and why people have such different views on whether it is ethical. Using a hypothetical negotiation between lawyers, Zach will review the ethics rules that apply to lawyers in negotiations and discuss whether paltering in this context is permitted by the rules. You’ll also learn some negotiation techniques that you can use when your opponent is paltering to protect yourself and your client from being deceived. Rules covered include: ABA Model Rules 4.1 & 8.4; Cal. Business & Professions Code Sec. 6068.

To answer these questions, Pagefreezer partnered with the Association of Certified eDiscovery Specialists (ACEDS) to uncover the industry’s state of readiness for dealing with website, social media, and team collaboration content. This session will be based on this joint research and will bring together industry experts for a panel discussion.

Investigations are never the ideal scenario and can sometimes be prevented with an effective monitoring program. However, how do you build a monitoring program that can reduce the risk of investigations, and what are the common issues to consider? In this session, our experts will discuss the best way to begin building a monitoring program, the impact of privacy regulations, and how technologies such as AI can be used to make the whole process more efficient.

eDiscovery technology went big in 2022, delivering ever more extensive capabilities in eDiscovery and stretching out to other areas such as compliance, cyber, continual monitoring, and more. Hear how our speakers use AI and legal tech to push to and past traditional eDiscovery boundaries – while delivering new solutions that solve old problems more effectively, efficiently, and affordably than ever.