LAW301

Letter Grading

GPA LECTURE COURSES

This course covers up-to-date developments in the law governing e-discovery, as well as practical, technical and ethical issues for lawyers and clients. The volume of potentially discoverable electronically stored information (ESI) is growing exponentially. Courts often continue to expect that locating and gathering ESI is as simple as using an Internet search engine and may not be sympathetic when relevant ESI is missed or lost. The reality, however, is different. Most ESI today is stored on widely dispersed, unconnected, outdated or inaccessible systems. Continuously evolving technology means that information is stored and transmitted using new tools that clients, and their attorneys, may not even be aware are being used; clients may not appreciate that information stored or transmitted on those new platforms is not being preserved as required by company record retention requirements, much less litigation requirements. Opposing counsel representing clients with small amounts of ESI may attempt to leverage discovery costs to their advantage when dealing with large organizations. Sharing information without the proper safeguards may implicate licensing, privacy, or security concerns. Some attorneys are turning to artificial intelligence to identify relevant, privileged, or confidential information, but the use of AI in discovery raises additional complications.

As a number of recent, high profile cases illustrate, the stakes for both lawyers and clients are high. In this course, students will learn from recent opinions how relevant rules apply, and will prepare for and participate in a mock meet and confer exercise that will allow them to issue spot and negotiate a positive outcome for their clients.