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Litigation Finanace: Best Practices and Emerging opportunities

Legal finance plays an increasingly common role in high-stakes commercial litigation. No longer merely a tool of necessity for cash-strapped claimants, financing is used by sophisticated lawyers and their clients as a more efficient way to manage the cost and risk of both plaintiff and defense matters while also unlocking working capital for the firm or business.

This presentation draws on Burford Capital’s experience as the world’s largest provider of commercial litigation finance and its work with nearly 75% of the AmLaw 100, and provides a broad overview of key concepts as well as emerging trends and opportunities for firms and clients to leverage legal finance in ways that enhance success and fuel growth.

Key Points

  • Defining litigation finance
  • What’s driving the growth of litigation finance?
  • Benefits of litigation finance
  • How it works
  • Case studies and trends

About the Speaker

Sarah Lieber is a Vice President of Burford Capital’s underwriting and investment arm with a particular focus on originating investments and providing strategic guidance to leading law firms and global corporations on deploying Burford’s capital in ways that address their litigation and financial needs. Prior to joining Burford, Ms. Lieber served as Deputy General Counsel for CIFG Services, a monoline bond insurer, and practiced law at Jones Day. She received her JD from Fordham University School of Law.

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Best Practices in Use, Authentication and Admissibility of Social Media Evidence

Social media can yield the most important evidence of your case, but only if you gather and use it properly. Social media has allowed individuals and businesses to communicate in new, unprecedented ways. Not surprisingly, it can be the most important evidence in your case. But identification, collection, authentication, admissibility and ethics rules require special consideration. Joining us for this webinar is Robert Keeling, partner at Sidley Austin and industry expert on the complex topic of social media eDiscovery.

Key Points

  • The Prevalence of Social Media
  • The Use of Social Media
  • Using Social Media as Informal Discovery
  • Applicable Ethics Rules, Guidelines, and Opinions
  • Takeaways, Tips, and Other Considerations
  • Authentication and Admissibility Considerations

About the Speaker

Robert Keeling is an experienced litigator whose practice includes a special focus on electronic discovery matters. He represents both plaintiffs and defendants in complex civil litigation throughout the nation and conducts internal investigations in the U.S. and throughout the world. Mr. Keeling has authored several articles on eDiscovery and social media and is a co-chair for his firm’s eDiscovery Task Force.

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eDiscovery Planning for the Plaintiff Lawyer

Leveraging hold notices, ESI protocols, meet and confer, and other opportunities obtain the evidence needed to successfully build a case. Trial lawyers often represent the primary requesting party for document-complex discovery and litigation. Increasingly, this can overwhelm how they traditionally have reviewed productions and marshalled potential evidence.

Plaintiff lawyers, particularly if operating on a contingency basis, must carefully budget their time investment and client expenditures, while continually revaluing the case potential. Exploding electronically stored information (ESI) collection sizes in modern litigation makes this a difficult balancing act, requiring litigators to thoughtfully plan their document request, create reasonable agreements with opposing counsel and aggressively advocate for their eDiscovery rights.

Craig Ball, a noted authority on eDiscovery and computer forensics, offers practical advice as to how trial lawyers can obtain the evidence they need to successfully build their case and effectively advocate for their clients.

Key Points

  • Responsibilities of the requesting party in setting the eDiscovery agenda
  • Best practices for litigation holds
  • How strategic agreements with opposing counsel can advance effective discovery
  • Dealing with preservation and spoliation issues
  • Preparing for Rule 26 conferences
  • Closing advice and take-aways

About the Speaker

Craig Ball is a Board Certified trial lawyer, certified computer forensic examiner, law professor and electronic evidence expert He’s dedicated his career to teaching the bench and bar about forensic technology and trial tactics. After decades trying lawsuits, Craig limits his practice to service as a court-appointed special master and consultant in computer forensics and e-discovery.

A prolific contributor to educational programs worldwide – having delivered over 1,600 presentations and papers–Craig’s articles on forensic technology and electronic discovery frequently appear in the national media. For nine years, he wrote the award winning column on computer forensics and e-discovery for American Lawyer Media called “Ball in your Court.” Craig Ball has served as the Special Master or testifying expert on computer forensics and electronic discovery in some of the most challenging, front page cases in the U.S.

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A Law Firm’s Guide To Handling Large Document Collection, Review and Production In-House

It is absolutely essential that both the client and counsel understand the landscape the litigation will expose, and this is accomplished by a thorough and thoughtful document review. Clients need such information to make an informed assessment of the potential risks (and rewards) of continued litigation. Counsel requires it to develop strategies to optimally deal with the facts (good and bad) that will ultimately be presented in the case. There is simply no substitute for carefully developing a proper, compelling and well-presented story on the facts. This webinar will address important legal issues, cost control methods and ensuring eDiscovery technology options and legal project management methodology is utilized fully for your next case so you can succeed.

Key Points

  • Data Growth and the Changing Landscape
  • Preparing your Firm for eDiscovery Projects
  • Assessing the Scope Of Your Project
  • Creating your Collection Plan
  • In-house Review
  • Determining your Best Production Options
  • Key Take-Aways
  • Conclusion

About the Speaker

Phillip Hearn has over 10 years of litigation knowledge managing document heavy litigation in state and federal courts with a solid understanding of law firm practices and business direction as well as advanced familiarity with eDiscovery best practices. He manages the professional services and technical staff at Lexbe and is certified in eDiscovery.
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Avoiding Spoliation in 2017 Under New FRCP Amendments

The recent amendments to the FRCP made some important changes to the law regarding proportionality, eDiscovery spoliation, and sanctions. We now have almost a year’s experience with how federal courts have interpreted and applied these rules.

In this webinar Judge Xavier Rodriguez (United States District Court for the Western District of Texas) will comment on trends and practices from applicable 2016 case law and his experience. Learn some practical tips on meeting judicial expectations generally when addressing collection, preservation, and related sanctions issues. Lexbe CEO Gene Albert will also provide the background and context in this educational overview and update on this important eDiscovery subject.

Key Points

  • 2015 FRCP Amendments Overview on Preservation Sanctions
  • Selected 2016 Preservation Sanctions Case Law Since the Amendments
  • Changes in Sanction Practice and Standards
  • Approaches in Avoiding Sanctions for 2017 and Beyond

About the Speaker

The Honorable Xavier Rodriguez is a former Texas Supreme Court Justice and currently sits on the bench as a US District Judge for the Western District of Texas. He received his bachelor’s degree from Harvard University, a master’s degree from the University of Texas LBJ School of Public Affairs and a doctor of jurisprudence degree from the University of Texas Law School. Prior to assuming the bench, he was a partner at Fulbright & Jaworski (now known as Norton Rose Fulbright).

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