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Preparing for the New World of Electronic Discovery …
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Language: english
Created: Mon Jul 18 17:51:30 2005
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Preparing for the New World of Electronic Discovery
Easing Your Transition from Paper to Electronic Discovery
Many electronic discovery seminars are impossibly The seminar is divided into two sections. The first
technical or deal only with zillion dollar cases with covers some computer forensics fundamentals.
terabytes of information. This seminar focuses on The second takes a look at what electronic
the practicing lawyer who knows that electronic discovery will mean for you in your practice.
discovery is coming and wants to learn what he or
Part 1. Overview and Computer Forensics that
she realistically has to do to be prepared and take
Matter to Practicing Lawyers
advantage of opportunities.
· Paper Rules Collide with an Increasingly Digital World
Dennis Kennedy is highly regarded as an
· A Little Knowledge is a Whole Lot of Dangerous
electronic discovery authority who can explain the
topic in "ways that practicing lawyers can · Is Every Step You Take Traceable?
understand."
· Copies Everywhere How Windows and Other
Programs Make Lots of Copies of Everything
This seminar is designed to make your transition to
electronic discovery easier. In this half-day · The Potentially Embarrassing World of Metadata
seminar, your group will receive a solid grounding · The Many Places Information is Kept Today
in the practical and technical issues that matter
most to litigators. Kennedy will highlight the key · Is a Computer Forensics Expert Always Required?
issues that you must understand to make a · Making Good Decisions About Computer Forensics
successful transition into an era of litigation where
electronic discovery becomes the norm, not the Part 2. Transitioning to Electronic Discovery
exception. · What is the Current Landscape in Electronic
Discovery? A Billion Dollar Business?
By the end of the seminar, you will have a good
understanding of: · It's Not a Pretty Picture When Paper Rules and the
Digital World Collide, Is It?
· Basic tools and approaches used in electronic · When Should Electronic Discovery be Considered?
discovery and whether they apply to your cases · Strategic and Tactical Planning
· Offensive and defensive uses of electronic · It's a Team Game Making Good Decisions about
discovery and new opportunities Getting Good Help
· A solid set of simple strategies and tactics for · Observations and Predictions
taking your first (or later) steps into the daunting
· Best Tips and Action Steps
world of electronic discovery
---------------------------------------------------------
· Practical ideas for making your life easier,
winning more cases and keeping your clients Dennis Kennedy is a legal technology expert and
happy technology lawyer based in St. Louis. An award-winning
author and a frequent speaker, Kennedy has published
many articles on electronic discovery and
· Standard Package. Presentation, plus handout litigation technology topics. He co-authors
materials. $5,000 (plus reasonable travel fee, if a regular electronic discovery column
applicable) called "The Electronic Discoverers" at
DiscoveryResources.org and his
· Premier Package. Presentation, plus handout roundtable article, "A Gold Mine of
materials, extended question-and-answer Electronic Discovery Expertise," has been
period, right to audiotape and/or videotape widely recognized as one of the most valuable practical
session with license to use for your internal articles on electronic discovery. Kennedy graduated cum
business purposes. $10,000 (plus reasonable laude from the Georgetown University Law Center in
travel fee, if applicable). 1983 and has practiced law in large, medium and small
firm settings.
Terms: 50% of fee due with agreement, balance due on date of
presentation. 10% discount for full payment in advance. For a free preview of Kennedy's style and approach, visit his
online sessions at http://wwwmerillcorp.com/law/.
To Schedule a Seminar: Call (314) 963-9798 or email dmk@denniskennedy.com
For more information, visit http://www.denniskennedy.com.
Frequently Asked Questions About Dennis Kennedy's Seminar:
Preparing for the New World of Electronic Discovery
Easing Your Transition from Paper to Electronic Discovery
Is this seminar for the advanced level or the I can talk about technology and how lawyers work. I
introductory level? leave the rules and cases for other presenters. If you
want to cover both topics in one day, I'd be happy to
Introductory. I take a very practical approach. The work with you to pair up with another presenter to
seminar is designed to give you a solid foundation on cover the substantive law issues. Of course, I'd want
which to build and a point from which you can learn to present in the morning.
what you need to learn with confidence.
You are known as a futurist and as someone who
I honestly think that lawyers and others with is ahead of the curve on legal technology. Should
advanced technology skills will learn a significant that concern me?
amount, but you will see from the description that the
sessions are geared to the introductory level. Of course it should. However, I'm better known as
someone who understands and can explain what
What audiences is this seminar designed for? technology can do to help lawyers in the actual
practice of law. The focus of this seminar is entirely
This seminar is intended to be a private seminar for a practical, except for a few minutes when I'll take a
law firm, corporate legal department, law firm gentle look into the crystal ball, but even that is done
litigation department or other business or with the implications for lawyers, not for technology,
organization. in mind.
In the classic situation, your attendees would gather If you want to hear me talk about futurist and
in a conference room setting first thing one morning advanced legal tech issues, you will certainly have
and the seminar would run until lunch time. If you plenty of other opportunities. That's not what this
bring me some lunch, I'll happily answer questions all seminar is about. This seminar is designed to TEACH
through lunch and until I am ready to go to the airport you about electronic discovery, with a focus on the
or you are ready to kick me out, whichever comes technology issues you must understand.
first.
What will I learn by the end of this seminar?
This is not meant to be a presentation I would do at a
public seminar, although it could be adapted for that First, I think that you'll learn that, while this subject is
purpose. difficult, it is not impossible, and you certainly capable
of starting to take the steps you need to manage
Just to confirm: you will be coming to our these issues. You'll get a good sense of perspective
location to provide this seminar, right? and direction.
Yes. This seminar is designed to be one that "comes By the end of the seminar, you will have a good
to you" not one where you come to it. understanding of:
Are you talking about the technologies of · Basic tools and approaches used in electronic
electronic discovery or the rules and cases? discovery and whether they apply to your cases
I've attended presentations that try to cover both the · Offensive and defensive uses of electronic
technology and the rules and, frankly, it creates discovery and new opportunities
information overload. It's too much to cover both · A solid set of simple strategies and tactics for
topics and it will overwhelm you. taking your first (or later) steps into the daunting
world of electronic discovery
To Schedule a Seminar: Call (314) 963-9798 or email dmk@denniskennedy.com
For more information, visit http://www.denniskennedy.com.
· Practical ideas for making your life easier, topics for the past two years. I have written a national
winning more cases and keeping your clients column on practical electronic discovery issues for
happy the past year. I speak on a national basis, have done
webinars and other Internet audio programs on
electronic discovery for the past year and was the
Who should attend? track leader for the electronic discovery track at the
American Bar Association's TECHSHOW 2005.
Everyone in your firm, department or organization
who will be involved in electronic discovery. Does What makes you better than other companies
that mean all lawyers, young and old? Yes. doing this?
Paralegals? Yes. IT staff? Absolutely! Executives and
decision-makers? Yes. Secretaries and I'm interested in TEACHING you about these topics.
administrative staff? Yes. Outside vendors you work Everyone who is familiar with me and my work tells
with? Yes. me unequivocally that no one can explain the
practical technology issues involved in electronic
One of my messages is that electronic discovery is a discovery to lawyers better than I can. I've now heard
team game. Your whole team will benefit from this that enough that I've even started to believe it.
seminar and the follow-up discussions it will
engender. Seriously, though, I've seen and heard lots of
seminars on electronic discovery. I find almost all of
Why are you providing this seminar? the presentations too esoteric, too technical and too
impractical. If I'm saying that presentations are too
I think it will help many people who are struggling technical, then you know that there's a problem for
with the onslaught on electronic discovery issues. It the average lawyer.
pains me to see a state of affairs where very few
lawyers understand even the basic technology issues I've also been a lawyer for more than twenty years. I
involved in electronic discovery, judges struggle with tell you honestly what I think, based on my
electronic discovery issues with little guidance from experiences and my knowledge of the electronic
lawyers, electronic discovery vendors with great discovery industry. If I don't know the answer to your
products and services cannot sell these products and question, I'll tell you "I don't know" and see what I can
services to suspicious lawyers who have insufficient find out for you. I don't bluff experienced trial
understanding about them, clients are over-charged, lawyers know instantaneously when someone is
under-served and poorly represented because bluffing. I respect your work, your practice, your time
lawyers avoid or lack the capability to perform and your clients, and want to help you have an easier
electronic discovery, and the legal system continues time, win more cases, have happier clients and enjoy
to get gunked up with even more delay. If I can do practicing law.
even a little bit to help prevent what appears to me to
be an electronic discovery freight train headed for a Finally, providing this seminar is my only dog in the
wall from happening, I think I'll have made a major electronic discovery hunt. I have no plans to do any
contribution to the legal system. consulting or provide other services. I know many
people in the EDD business and am happy to refer
In other words, I have talked to a lot of great, highly you to the ones I think are best. I've got no other
professional lawyers who are desperately trying to angle than providing you with your money's worth for
learn what they need to know about electronic this seminar and helping you learn what I think you
discovery and have become increasingly concerned need to learn to get going on electronic discovery
that they will be able to do so. They struggle with the right now. This seminar is all about EDUCATION.
first steps and forming the foundation from which to
learn more. I can help them with this. What do attendees of your seminars say about
you?
How long have you been doing this?
After I present on these topics, lawyers say to me
I have been giving well-received and highly-regarded that I've given them exactly what the things they
presentations on legal technology and litigation wanted to know and, I think this is the most important
technology topics for nearly ten years, averaging thing, I've given them a few concrete action steps that
around one presentation per month over that time. I they can do to get started. The subject seems like
have done presentations on electronic discovery
To Schedule a Seminar: Call (314) 963-9798 or email dmk@denniskennedy.com
For more information, visit http://www.denniskennedy.com.
one that they can master and they are not is too expensive. That's OK I can't win them all. On
overwhelmed by the idea of completing converting the other hand, if you don't get a solid understanding
their practice over a weekend or facing disaster of electronic discovery, you won't be winning many of
(which is one way this topic is presented to lawyers your future cases either. I'll let you decide.
I prefer a kinder and gentler approach a solid
nudge, if you will, not a big push toward a cliff). Based on the programs I've seen and heard, you will
get an excellent value. If you choose the
What does the seminar cost? audiotape/videotape option, you will be able to reuse
the seminar internally as much as you wish. That's a
· Standard Package. Presentation, plus handout very cost-effective approach.
materials. $5,000 (plus reasonable travel fee, if
applicable) My pricing is based on the delivery of the seminar,
not the number of attendees. If you have more
· Premier Package. Presentation, plus handout attendees, the price-per-attendee will drop.
materials, extended question-and-answer period,
right to audiotape and/or videotape session with Unlike many other seminars, I'm coming to your
license to use for your internal business location and you and your colleagues are not
purposes. $10,000 (plus reasonable travel fee, if traveling to an off-site seminar. Factor in the relevant
applicable). travel and other cost savings and the more efficient
use of time and I think you will see good value in my
· Terms: 50% of fee due with agreement, balance approach.
due on date of presentation. 10% discount for full
payment in advance. Are CLE credits available for this seminar?
Note: As part of the introduction of this seminar, I will Based on my experience in this industry and
give you a 10% discount if you book a seminar before involvement with other seminars, I believe that this
September 1, 2005 (regardless of when seminar is seminar will qualify for CLE credit in most, if not all,
actually given). jurisdictions. I will work with you to ensure that we
take appropriate steps to secure CLE credits.
What do you mean by "reasonable travel fee"? Because I'll provide a substantial amount of handout
materials, I don't anticipate too many difficulties in
Whatever we can agree on in advance will be arranging for CLE credit, but, as anyone who is
reasonable for travel. I'll fly in the day before the involved in continuing education will tell you, the rules
presentation and fly out the afternoon or evening of can be a little quirky.
the presentation. I'll require one night in a reasonably
good and convenient hotel, coach airfare is fine with Will attendees be receiving substantial handout
me, ground travel and parking and other out-of- materials?
pockets we agree on. If you buy the premier
package, I'll probably waive the travel fee. If I can Hmm, you must not be familiar with the number of
schedule two or more presentations when I travel to pages in my usual sets of handout materials. I'm well-
your location, I'll reduce the airfare to a pro-rated known for providing lengthy handouts. In fact, if you
amount. I'm simply looking to cover my expenses, not email me, I'll send you a 26-page PDF collection of
to turn travel into a "profit center." If travel expenses some of my writing on electronic discovery for free.
were not such a variable, I'd simply charge a flat fee
and pay for my own travel. I don't think that's fair to May I invite my clients and staff?
my local customers, so I'm charging for travel fees.
I thought you'd never ask. The pricing is per
Is this the most cost-effective education option presentation, not per attendee. For me, the more the
for me? merrier. I would encourage you to invite your clients
to help them get on the same page with you about
I think that you are asking: isn't this a lot of money for electronic discovery and find better ways for you to
a seminar? Sure it is. If I can't help you understand work together.
the value that you get, you will probably decide that it
To Schedule a Seminar: Call (314) 963-9798 or email dmk@denniskennedy.com
For more information, visit http://www.denniskennedy.com.
How can I sample what the seminar will be like or I really don't make product or service
get a preview? recommendations in the seminar and my own
personal sense of integrity wouldn't let me shill for a
You won't believe how easy this is. Go to the Merrill vendor, service or product I don't think will help my
Corporation's On-Demand Seminars page at audience, so I honestly believe that you don't have
http://www.merrillcorp.com/law/ and listen to one (or anything to worry about from me on this issue. But
I'm glad you asked and I'll be more than happy to
more) of my webinars for free. Also, email me with a answer any questions you have on this topic.
request for my free PDF collection of electronic
discovery materials and I'll email you a 26-page Will you do a custom program for us?
sampler of my electronic discovery articles that will
give you a good idea of my approach. I'm happy to discuss this option, but my intention is
really to provide the seminar that I have described. I
How can I learn more about you? will certainly tailor it to your situation, but it would be
a rare thing for me to create a custom presentation
Read my website and blog for you. As I said, I'd be happy to talk with you, but it
(http://www.denniskennedy.com). Read some of my certainly would not be at these price points.
many articles. Ask people in the legal technology field
about me. Call me up and ask me whatever you How can I be sure that this is the right program
want. for me?
Will you be the person delivering the seminar? Ultimately, you can't. We'll talk about your needs,
what you want and what this seminar provides. If
I'm the only one here. Yes. You ordered the seminar there is a good match and you can get comfortable
because you wanted me and it's me that you will get. with me and my approach, we'll work together
happily. If there isn't a good match or you can't get
Are you or this seminar allied with any electronic comfortable with me, this won't be the right program
discovery vendor? for you and I'll be happy to try to recommend
someone else who can provide what you want. If I
I know many people in the electronic discovery don't think it's a program that will work for you, I won't
vendor world and I think the world of them. In fact, try to talk you into buying it.
some of my friends think that I know everyone in the
legal tech vendor world, which isn't even close to Will you provide a money-back guarantee?
true. These relationships give me a unique insight
into the marketplace and a great knowledge of what I would like to be able to do that. If you can help me
is available and from whom. come up with a way to provide a money-back
guarantee in a way that makes sense and is fair to
Aside from modest holiday gifts, the occasional ad or both of us, then I'll be happy to give you that
sponsorship on my website or blog (e.g., Fios and guarantee. I really have no doubt that you'll get your
CaseSoft), review programs and service accounts money's worth.
and other things of that nature, I'm not allied in any
material way with any EDD vendor. That may change How do I schedule a seminar?
in the future, but I work very hard at making sure any
material financial relationships are disclosed. It is Now that's the question I was looking for. Call me at
possible that a vendor might hire me to perform this (314) 963-9798 or email me at
seminar for customers, potential customers, user dmk@denniskennedy.com and we can talk about
groups or the like, but that would be disclosed before your needs and whether this seminar will work for
the presentation. you and get the seminar onto our calendars.
To Schedule a Seminar: Call (314) 963-9798 or email dmk@denniskennedy.com
For more information, visit http://www.denniskennedy.com.