Discovery of electronically stored information ("ESI") involves a complex intertwining of practice, process and technology that present technical, professional and ethical challenges. Clients are rapidly embracing new collaboration, communication and analytics tools, while decisional precedent and rule making strive to keep up. This program will discuss emerging issues and the implications of recent case law, at the intersection of discovery practice, the rules of professional conduct, the Federal Rules of Civil Procedure and Federal Rules of Evidence.

Topics will include:

• Proportionality, cooperation, and ESI protocols.
• Discovery disruptors such as AI, outsourcing, collaboration tools and the internet of things.
• The convergence of metrics, analytics, and ethics.
• The continuing decentralization of data sources, the changing nature of electronic information, and what constitutes a document.
• Expectations and obligations of lawyers under rules of civil procedure and professional conduct, including the obligation of technological competence.
• The changes in rules and practice we may see - or may want to see - in the short to medium term.