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eDiscovery: Subpoenas and Nonparty Production Issues

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Whether focused on entities or individuals or both, 21st century lawsuit discovery is typically dominated by electronically stored information (ESI). Litigating parties and their counsel must be agile enough to address a growing number of electronic discovery (eDiscovery) issues by following ESI trails. Similarly, organizations that often receive nonparty subpoenas – whether or not they are cloud vendors – should be ready to respond quickly and appropriately, including being familiar with a wide range of potential objections and red-flags. View this on-demand webinar to learn rules and strategies for navigating some key legal, technological and practical issues in the eDiscovery nonparty subpoena context. You will also glean some best practices for proactive information management and some apt measures as to personally identifiable information and other highly confidential data.

Overall Comparison to Party Discovery

  • Scope of, and Restriction on, Information Sought – Under FRCP 45 and State Analogues
  • Jurisdictional/Procedural Differences via New Version of FRCP 45, as Amended 12/1/13
  • Key Resources as to Strategies and Recent Legal Developments

Some Key Considerations/Strategies

  • Who . . . Is a Party and Thus Subject to a Litigant's Preserve/Produce (and Notice) Duty?
  • What . . . Are the Many Lessons From the Cautionary Tale of the Gmail Account Shared by Former CIA Director David Petraeus and His Biographer Paula Broadwell?
  • Where . . . Are Claw-Back Agreements to Protect Privilege Highly Advisable?
  • Why . . . Are There Ambiguities in the Law as to Social Media and the Cloud?
  • When . . . Should One Address Cost-Allocation and Other Objections?
  • How . . . Does One Address Privacy, Anonymity and Confidentiality?

Proactive Steps, Especially for Serial Subpoena Recipients

  • Retention/Destruction Policy, Litigation-Hold Protocol and Subpoena-Response Playbook
  • Electronic-Information-Management (EIM), Including Key Targets
  • Data-Mapping, Including the Cloud

This course was last revised on April 24, 2014.

Call 1-866-352-9540 for further credit information.

Applications have not yet been submitted for Kentucky and South Carolina CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us atondemandinfo@lorman.com or call us at 866-352-9540.
  • AK CLE 1.5 
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.5 
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
     
  • AZ CLE 1.5 
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA CLE 1.5 
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CO CLE 1.0 
     
  • This program may qualify for 1.0 credit hours through the Colorado Supreme Court Board of Continuing Legal and Judicial Education through reciprocity. This course is accredited in other jurisdictions such as New Jersey. To receive CLE credit for this program, a home study affidavit must be submitted to the Supreme Court Board of Continuing Legal and Judicial Education.
     
  • DE CLE 1.5 
     
  • This program has been approved by the Delaware Commission on Continuing Legal Education for 1.5 hours of CLE credit.
     
  • FL CLE 2.0 
     
  • This course has been approved by The Florida Bar for 2.0 hours of CLE credit. Course classification: Intermediate level.
     
  • GA CLE 1.5 
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours.
     
  • HI CLE 1.25 
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.25 VCLE credit hours.
     
  • ID CLE 1.5 
     
  • This program has been approved by the Idaho State Bar for 1.5 CLE hours.
     
  • IL CLE 1.25 
     
  • This course was approved for a total of 1.25 hours of MCLE Credit by the Illinois MCLE Board. 
     
  • LA CLE 1.45 
     
  • This program has been approved by the Louisiana State Bar MCLE Committee for 1.45 CLE hours.
     
  • ME CLE 1.0 
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.0 hours of CLE credit under M. Bar R. 12.
     
  • MO CLE 1.8 
     
  • This course qualifies for self-study CLE credit in Missouri.
     
  • MS CLE 1.5 
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.5 credit hours.
     
  • MT CLE 1.5 
     
  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
     
  • NC CLE 1.25 
     
  • This program has been approved by the North Carolina State Bar Board of Continuing Legal Education for 1.25 CLE hours.
     
  • ND CLE 1.5 
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit.
     
  • NE CLE 1.5 
     
  • Lorman Business Center, Inc. is an accredited CLE sponsor in the State of Nebraska and certifies that this activity has been approved for 1.5 hours of CLE credit in the State of Nebraska.
     
  • NH CLE 1.5 
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for 1.5 CLE credit(s).
     
  • NJ CLE 1.8 
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NM CLE 1.5 
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit.
     
  • NV CLE 1.0 
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5 
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for established attorneys for up to a maximum of 1.5 credit hours, of which 1.50 credit hours may be applied toward the Areas of Professional Practice requirement. Each hour may be counted only as satisfying one category of credit; duplicate credit for the same hour of instruction is not permitted. Lorman Business Center, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • OH CLE 1.5 
     
  • This course has been approved by the Ohio Supreme Court Commission on Continuing Legal Education for 1.5 CLE credit hours. Please note: Not more than twelve (12) hours of self-study CLE credit for any biennial reporting period may be earned by an Attorney or Judge under Regulation 409.2. To fulfill CLE requirements for self-study, web-based programs, you must complete 100% of the polling questions during the program. Your hours will be filed electronically within thirty (30) business days by Lorman Education Services provided you fulfilled 100% attendance and polling questions answered.
     
  • OK CLE 2.0 including Ethics 0 
     
  • This course has been approved by the Mandatory Continuing Legal Education Commission of Oklahoma for a maximum of 2.0 hours credit, of which 0.00 hours are credits covering legal ethics.
     
  • OR CLE 1.5 
     
  • Approved for 1.5 CLE credits in Oregon.
     
  • PA CLE 1.0 
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5 
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • TN CLE 1.45 
     
  • This program has been approved by the Tennessee Commission on Continuing Legal Education and Specialization for a maximum of 1.45 hours of credit.
     
  • TX CLE 1.5 including Administrative Law 1.5; Bankruptcy 1.5; Civil Appellate Law 1.5; Civil Trial Law 1.5; Consumer Law 1.5; Criminal Appellate Law 1.5; Criminal Appellate Law 1.5; Criminal Law 1.5; Estate Planning and Probate Law 1.5; Family Law 1.5; Health Law 1.5; Immigration and Nationality Law 1.5; Juvenile Law 1.5; Labor and Employment Law 1.5; Oil, Gas, and Mineral Law 1.5; Personal Injury Trial Law 1.5; Real Estate 1.5; Tax Law 1.5; Workers' Compensation Law 1.5 
     
  • This program has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.5 credit hours. Lorman Education Services is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE. This program has been approved by the Texas State Bar College for 1.5 hours of CLE credit.
     
  • UT CLE 1.5 
     
  • This program has been approved by the Utah State Board of Continuing Legal Education for 1.5 CLE hours.
     
  • VA CLE 1.5 
     
  • This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.5 CLE credit hours.
     
  • VT CLE 1.5 
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of self-study CLE credit.
     
  • WA CLE 1.5 
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit.
     
  • WI CLE 1.5 
     
  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV CLE 1.8 
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
  • WY CLE 1.5 
     
  • This program has been approved for 1.5 hours of CLE by the Wyoming State Bar.
     

The CLE Code is ONLY a requirement when applying for CLE Credit in New York or New Jersey or Kansas. Other states do not need to supply the CLE Code to apply for CLE credit.To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill the following requirements:

  • Those applying for CLE must view 100% of the program and hit all progress checks throughout the program.

Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.

This program was previously offered as a live live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.

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