Cooper & Walinski, L.P.A. sponsored the Update on Electronic Discovery and Computer Forensics seminar on December 7, 2005 at the McMaster Center in the Main Branch of the Toledo-Lucas Count Public Library.  100 attendees were present at this event.  This seminar was approved for 5 hours of Continuing Legal Education credits by the Ohio Supreme Court. 

Margaret Lockhart welcomed and introduced the guest speaker, Don Wochna, Chief Legal Officer of Vestige Digital Investigations.  Joseph Thacker, Esq., and Meredith Mercurio, Esq., of Cooper & Walinski also gave presentations.   Following the presentations was a Mock Hearing and Panel discussion. 

            Joseph Thacker started the morning with his presentation topic of  “Issues Facing Today’s Corporate Clients”.   This included a brief overview of legal, logistical and cost issues facing companies today in the areas of electronic records management, the company’s duty to identify, preserve, retain and produce electronic information, and discovery of electronic evidence, including opportunities for clients seeking discovery from adversaries.

            Mr. Wochna’s presentation was divided into three topics.  The first topic of his presentation was “Current Case Law”.  This presentation detailed review of case law related to Electronically Stored Information, including scope of discovery in exemplary cases involving email, Freedom of Information Act, Sunshine Act public meetings, regulatory investigation of proposed mergers, databases, rolling and sequential production of electronically stored information, privacy considerations related to corporate computers, terminated employees, theft of intellectual property, proposed changes to federal Civil Rules of Procedure and recent case law related to cost shifting.

            Topic 2 of Mr. Wochna’s presentation was “Dealing with Records Management”.  This presentation reviewed the structure in which data is stored in the traditional server-client model, definitions of records for purposes of record retention programs, the clash of the server-client model’s record focus on records retention with litigation’s focus on data resident on electronic media across the enterprise; Discussion of attorney’s duty to identify, preserve, retain, and produce all relevant electronic information regardless of data source; Discussion of Morgan Stanley and Telxon cases as examples of the failure to discharge this duty.

            Topic 3 of Mr. Wochna’s presentation was “Dealing with Technology Issues”.  This included discussion of some technological characteristics of the computer systems that create electronically stored information and the consequences for attorneys in light of the case law and duties discussed thus far.  There was detailed analysis of several sanction cases as examples.

            The afternoon session began with Meredith Mercurio’s presentation of “Admissibility of Electronic Evidence”.  What happens after litigants have obtained the electronic information that they have sought?  How will that information be used in the courtroom?  Case law is emerging on issues concerning the admissibility of electronic evidence.  This presentation provided an overview of the main topics that courts confront when parties seek to admit into evidence electronic information.  Of particular focus were authentication, foundation, best evidence, and Daubert/Frye issues which often arise when litigants seek to use electronic evidence in the courtroom.

            The seminar concluded with a mock hearing and panel discussion of “Key Electronic Discovery Issues Facing Companies Today”.  The panel included Don Wochna, Gerald Kowalski, Margaret Lockhart and Jacqueline Boney.