2:30 - 3:30 PM - Breakout Session 4
Choose from one of the following sessions: 

Slaying the Hydra

Preserving Electronic Evidence - Intent to Deprive?

Session Descriptions

Slaying the Hydra

A detailed discussion of litigation strategies for tackling product defect claims that encompass multiple facets of the construction realm, including building design, installation issues, and product failures. The discussion will focus on case studies showing the importance of how a knowledgeable expert team, and how that team can be used to assist in defending claims, help make sure the correct parties are in the litigation and work with counsel to bring the matter to an early resolution.              

Sandra Taylor – Klinedinst, Senior Counsel                                                                        

Preserving Electronic Evidence - Intent to Deprive?

Shredded files, deleted audio recordings, and conveniently lost laptops sound like something out of a spy movie, not the Federal Rules of Civil Procedure. This session discusses the twists and turns of Rule 37 and the intent to destroy evidence. By the end of the session, attendees will be familiar with Rule 37 and its six-part test, have a grasp on how different courts have enforced it, understand the importance of litigation holds and the duty to preserve, and learn strategies for how to show the intent to deprive. Our conversation will include an examination of cell phone data retrieval and preservation from an expert witness perspective.