The Tennessee Bar Association (“TBA”) hosted its “General Practice Summit 2014” in Nashville, TN at the Tennessee Bar Center from August 14-16, 2014. A critical piece of this Summit was devoted to Electronic Discovery (“eDiscovery”) and how electronically stored information (“ESI”) is shaping the discovery process in Tennessee. The TBA invited Mr. Syed of the Syed Law Firm, a New York, Washington, DC and Tennessee admitted attorney with extensive experience managing and handling ESI and eDiscovery issues, to present an overview on eDiscovery and specific challenges and issues facing Tennessee attorneys today when handling ESI.
Mr. Syed’s presentation, “eDiscovery: Challenges and Solutions for Tennessee Attorneys”, focused on critical aspects of eDiscovery that every attorney must understand in today’s legal market.
He covered topics such as specific rules and guidelines that govern eDiscovery in both Federal and Tennessee courts, best practices and tips for managing eDiscovery in both large and small cases and both in-house and as outside counsel, ethics in eDiscovery, an overview of important cases and decisions on eDiscovery management, and a survey of eDiscovery vendors and software. The goal of the presentation was to help Tennessee attorneys navigate the complicated world of eDiscovery, avoid potential pitfalls, and best prepare themselves and their clients to handle current and potential eDiscovery issues.
Mr. Syed led a lively discussion on eDiscovery and the audience found many valuable takeaways from the presentation. Some helpful tips included: urge clients to set policies on ESI preservation as early as possible; urge clients to identify all possible ESI custodians regardless of whether they believe such ESI is related to any pending litigation; issue a litigation hold as soon as is reasonably possible; work closely with your client’s IT group; obtain a privilege waiver agreement with opposing counsel; involve technically savvy individuals at all steps of the process, possibly even eDiscovery consultants or vendors; and educate yourself on eDiscovery issues and decisions!
To access a video of Mr. Syed’s presentation, please visit https://cle.tba.org/catalog/course/3186. For more information on the Summit and other TBA events, please contact the Tennessee Bar Association or visit http://www.tba.org/.