News and Events

Spoiling for a Fight -- Preventing, Spotting and Addressing ESI Destruction

Jean LewisDavid ShusterKramon & Graham principals Dave Shuster and Jean Lewis will co-present “Spoiling for a Fight -- Preventing, Spotting and Addressing ESI Destruction” at the Maryland State Bar Association Annual Meeting taking place June 14 – 17 in Ocean City, Maryland.

In the current discovery environment, the sheer volume of ESI and the cost of managing it can discourage lawyers from following up on an instinct that discovery has been less than complete and embolden parties who are motivated to distort the record. Powerful wiping programs, for example, can obliterate documents and metadata associated with the documents; yet, an analysis of whether such programs have been deployed is rarely part of a trial attorney’s initial assessment. How can litigators effectively account for these sophisticated programs and other methods of spoliation in the current environment?  In this highly instructive program, Kramon & Graham trial attorneys and others will discuss the signs that signal that something is amiss, describe the processes for conducting a base analysis of the ESI in question, and talk about when additional analysis is worthwhile. The presenters will share methods that they have successfully employed and also describe the current case law on spoliation. 

Program participants will learn:

  • The clues for determining that ESI has been compromised
  • The process for conducting a base analysis of the ESI provided
  • How to determine when additional analysis is worthwhile
  • Use of computer forensics to detect the destruction of ESI

Speakers:
David J. Shuster, Principal, Commercial Litigation and Asset Recovery & Bankruptcy Litigation, Kramon & Graham 
Jean E. Lewis, Principal, Commercial Litigation and Asset Recovery & Bankruptcy Litigation, Kramon & Graham

Michael D. Berman, Rifkin Weiner Livingston, LLC
David Greetham, Ricoh-USA
June 16, 2017 8:30 – 10:30AM

For more information and to register go to the Maryland State Bar Annual Meeting website.