Ethical Considerations and E-Discovery: How to Overcome Challenges in Tennessee - on CD
Effective July 1, 2009, the Tennessee Rules of Civil Procedure were amended to introduce e-discovery to Tennessee state courts. Under the e-discovery amendments, a party may discover electronically stored information (ESI) regarding any matter, not privileged to what is relevant to the subject involved in a pending action.
ESI includes anything that is saved in an electronic format on a device that can store electronic information such as e-mail, web pages, word processing files, audio and video files, voicemail, images, and computer databases.
State courts have dealt with various e-discovery issues with little guidance from Tennessee appellate courts. In 2011, the Tennessee Court of Appeals, in a breach of contract action, ruled that a trial court did not abuse its discretion in shifting the defendant’s electronic discovery costs to the plaintiff after ordering the defendant to produce electronic documents when the defendant showed and described the undue burden and hardship that the plaintiff’s discovery requests created through an affidavit of its IT personnel.
In order to best serve your clients, it's crucial for you to have a solid understanding of the e-discovery process so you can keep ethical standards high while remaining in compliance.
In just one hour, you'll gain new insights and guidance on:
- Recent Tennessee decisions involving e-discovery
- How to draft a Preservation Letter
- What constitutes a reasonable search
- Self-performed search vs. third party
- Horror stories for failing to comply with e-discovery rules
- And more
Order now, and get up to date on e-discovery in Tennessee.
About your presenter:
Attorney Jim Summers of Allen, Summers, Simpson, Lillie & Gresham lectures on e-discovery and technology. Mr. Summers has an extensive background in construction, catastrophic injury defense, products liability, transportation, and employment. He has an active practice in products and general liability issues. He represents Fortune 500 and other major corporations, including construction, transportation, and manufacturing companies in a variety of litigation matters.