Jeffrey Salling

What exactly is a lawyer’s duty of technical competence? What guidance is there regarding how tech-savvy a lawyer must be and how can he or she meet that obligation? And what are the potential consequences of not appreciating the pros and cons of leveraging technology to provide legal advice? The panel will focus on ABA Model Rule of Professional Conduct 1.1 and comments thereto, and the numerous states including Illinois, who have adopted the ethical duty of technical competence. The panel… Show more

What exactly is a lawyer’s duty of technical competence? What guidance is there regarding how tech-savvy a lawyer must be and how can he or she meet that obligation? And what are the potential consequences of not appreciating the pros and cons of leveraging technology to provide legal advice? The panel will focus on ABA Model Rule of Professional Conduct 1.1 and comments thereto, and the numerous states including Illinois, who have adopted the ethical duty of technical competence. The panel will also address how the rise of technology has changed the practice of discovery in civil litigation throughout the United States, an attorney’s ethical obligation when it comes to using cloud-based solutions in a law practice and the December 2015 amendments to the Federal Rules of Civil Procedure. Finally, the panel will discuss how mediators can help streamline and resolve disputes involving electronic discovery to ensure that cases move along more efficiently. Show less

“Why should we care about EU data privacy issues?”
History of EU Cross Border
a. Safe Harbor to Privacy Shield, EU Data Protection to GDPR. Impact of Brexit
Best Practices
a. If you get a case tomorrow with international data, what do you do?
Tools for dealing for Cross Border
a. Early preparation
b. Redactions
c. Mobile Servers
d. Review data in-country
What should we expect in 5/18 with the GDPR?

Federal Rule of Civil Procedure 26(f) requires parties to Meet and Confer in order to negotiate the terms of eDiscovery: what data will be disclosed, what format will be used when discoverable materials are produced to the other side, what the timelines are and other issues that go to the very heart of discovery. This session will help lawyers and technology professionals better manage the process.

This was a collection of judges, in-house counsel, and eDiscovery experts. We talked about the state of the industry, the updates to the FRCP, and what the future holds.

In this episode of The eDiscovery Trenches, ESI Survival Guide’s Jeff Salling interviews Charmala Anderson, a paralegal with Horwood, Marcus & Berk’s Litigation and State and Local Tax (SALT) Groups. Charmala provides some key tips for how paralegals on the front lines of litigation can ensure that case teams and clients benefit from more efficient, defensible eDiscovery processes.

Survival Tips for paralegals engaged in eDiscovery:
1. The first thing to do when a matter begins is to… Show more

In this episode of The eDiscovery Trenches, ESI Survival Guide’s Jeff Salling interviews Charmala Anderson, a paralegal with Horwood, Marcus & Berk’s Litigation and State and Local Tax (SALT) Groups. Charmala provides some key tips for how paralegals on the front lines of litigation can ensure that case teams and clients benefit from more efficient, defensible eDiscovery processes.

Survival Tips for paralegals engaged in eDiscovery:
1. The first thing to do when a matter begins is to form your team and draw out your “data map.” Understanding the location of potentially relevant data is a key preliminary discussion that a paralegal must have with the case team attorneys and the client. This conversation helps give you the “roadmap to know where to go with [your] case.”
2. It is imperative for the paralegal to help keep the team’s collective eye on satisfying the preservation obligations and retain all documents that could be responsive. Client’s are often focused on the bottom line and attorneys on case strategy. A paralegal plays a critical role in making sure that all steps are taken to ensure a defensible preservation process.
3. Notifying records custodians is a key element to ensure process defensibility during preservation. Make sure you document such efforts in case you have to defend preservation efforts to the court or opposing parties.
4. Even if paralegals or eDiscovery consultants are not part of the actual meet-and-confer conferences, it is important to have phone conversations with any outside consultants (paralegals, etc.). Paralegals often act as the internal point-person between a case team, any outsides consultants and, in many cases, the client.
5. Though case teams need to be flexible, it is imperative to start on the same page. Having a documented roadmap can help facilitate that consensus, which will help a case team control client expenditures, set reasonable expectations and help define the roles of team members during the litigation process. Show less

1. Recent Global Privacy Developments (Safe Harbor/Shield Update, EU GDPR, Russia Localization Law, iPhone/FBI debacle)
2. Steps To Compliance (Proactive program, Model Clause Agreements, Update contract terms)
3. Global Privacy Law Comparison (US, EU, and Asia-PAC)
4. IS Breach Response (Incident Response Plan, Outside Counsel/Insurance/PR Firm, Breach notification obligations)
5. Data Privacy in the… Show more

1. Recent Global Privacy Developments (Safe Harbor/Shield Update, EU GDPR, Russia Localization Law, iPhone/FBI debacle)
2. Steps To Compliance (Proactive program, Model Clause Agreements, Update contract terms)
3. Global Privacy Law Comparison (US, EU, and Asia-PAC)
4. IS Breach Response (Incident Response Plan, Outside Counsel/Insurance/PR Firm, Breach notification obligations)
5. Data Privacy in the Cloud

http://cdslegal.com/2016/04/11/event-recap-illinois-paralegal-associations-data-privacy-seminar/ Show less

On this panel, we discussed the 2015 changes to the FRCP. From there, we took a deep dive into some of the specific case law that governs the new rules. We ended the session with a discussion of Technology-Assisted Review and analytics.

http://cdslegal.com/2016/04/26/discussing-changes-to-the-frcp-at-the-northeast-corporate-counsel-forum-2016/… Show more

On this panel, we discussed the 2015 changes to the FRCP. From there, we took a deep dive into some of the specific case law that governs the new rules. We ended the session with a discussion of Technology-Assisted Review and analytics.

http://cdslegal.com/2016/04/26/discussing-changes-to-the-frcp-at-the-northeast-corporate-counsel-forum-2016/

http://hblc.litigationconferences.com/northeast-corporate-counsel-forum-april-2016-register-0?utm_campaign=JAMSNYcon15&utm_medium=email&_hsenc=p2ANqtz-9kjmPFopHriolC0Uox8um2tbOi8SG7BLjMjXmN4ws4sc3PO9IdnTsU9PuU2shW7H63dc9Ni4JWxfr85wkK24Af7BjqQA&_hsmi=26438544&utm_content=26438544&utm_source=hs_email&hsCtaTracking=e7e2e3fd-a684-4012-83cf-474d3c97ebde%7Cd92fd508-b4fd-44a4-ba41-76f1a638eba7 Show less

Lawyers often advise clients about information governance and records retention risks and benefits in their businesses, but what do they do in their own firms? How long are firms required to keep records - and what constitutes a record? How are records to be stored? What are the basic tenets of an information governance and record retention policy? How can they be enforced? Our expert panel will address these questions and more about the challenges faced by law firms in records and risk… Show more

Lawyers often advise clients about information governance and records retention risks and benefits in their businesses, but what do they do in their own firms? How long are firms required to keep records - and what constitutes a record? How are records to be stored? What are the basic tenets of an information governance and record retention policy? How can they be enforced? Our expert panel will address these questions and more about the challenges faced by law firms in records and risk management.

We were also sure to point out that law firms are a target for hackers. Thus, it is crucial to understand and implement best practices.

http://cdslegal.com/2016/03/16/record-retention-basics-lessons-from-jeff-salling-ediscovery-counsel/ Show less

We told several 'real world' stories about our different projects that occurred involving cross border concerns. As there are so many different laws in different countries, we decided to speak about matters that the group had worked on personally and give the audience a more intimate look at things to consider when working with data abroad.

http://cdslegal.com/2016/03/02/cds-jeff-salling-on-cross-border-ediscovery-at-calsm-posium-2016/

Guest speaker for course, eDiscovery, Digital Evidence & Computer Forensics
Professor: Jeffrey D. Salling, Esq.

Presentation: eDiscovery Roles: Past Present & Future
Presentation: Ethics & eDiscovery

We spoke on the industry using our own experiences. From there, we made recommendations to the audience and discussed how much the market has changed in the past 5-10 years.

New attorneys need to take some form of basic skills training when they first get licensed. I teach an hour of eDiscovery to the students who take the training at John Marshall.