Handling Electronically Stored Information (ESI) in a Commercial Fraud Case

Duration: 60 Minutes
This program will discuss the benefits and difficulties of locating, preserving and using electronically stored information (ESI) in a commercial fraud case. The presentation will discuss where ESI may be stored, the types of legal battles that arise over discovery of ESI, and how best to handle ESI-related issues to keep costs down. A number of issues can arise in the process of obtaining ESI through discovery and in determining the scope of ESI that may be obtained. The provisions that should be included in cooperation agreements to coordinate issues of cost, scope and form of production of ESI will also be discussed.
Electronically Stored Information
Product ID: 501316
Objectives of the Presentation
The objectives of the presentation are to learn:
  • Where to look for ESI
  • How to preserve ESI
  • How to find the evidence of fraud you need in ESI
  • The limits of how much ESI you can ask for in discovery
  • The rules for asking third parties for ESI
  • How to manage and share costs of discovery of ESI
  • How to construct a cooperation and coordination plan to deal with ESI issues
  • How ESI can help in a fraud case
Why Should you Attend
Attend this webinar to learn how to most efficiently and cost-effectively deal with issues relating to ESI, whether you are seeking production of ESI, or seeking to protect ESI.

Areas Covered
  • What constitutes ESI
  • Where ESI is located
  • How to cooperate with federal regulators over ESI
  • How to best obtain ESI records through the discovery process
  • How to define the scope of ESI to be produced
  • Factors to consider in sharing the costs of ESI production
  • Obtaining records from financial institutions
  • How to deal with attorney-client privilege issues in ESI production
  • How to preserve ESI for use as evidence in a later trial
  • Writing a thorough cooperation and coordination agreement to canvas issues relating to ESI
  • How ESI can help in a commercial fraud case
Who can Benefit
Attorneys, CPAS, business people, regulators, financial institutions, hedge funds, compliance personnel

Topic Background
Commercial fraud cases are common and can occur in any kind of business. Building a case and gathering the evidence to pursue claims frequently involves the use of electronically stored information. ESI can be located in a wide variety of places and is often times in the hands of third parties or service providers. It is important to know where to look for ESI, how to preserve it, and how to obtain it. There are particular rules of discovery that apply in seeking ESI and issues relating to costs of production of ESI that are important to focus on early in a commercial fraud case.
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  • Presentation handouts in downloadable PDF format will be updated on your OCP Account within 24 hours of the purchase of the product
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Instructor Profile:
Kathy Bazoian Phelps has 24 years of experience as a lawyer in bankruptcy law and fraud litigation. She has served as Chapter 11 trustee and frequently represents operating and liquidating trustees, federal equity receivers, and defendants in bankruptcy litigation. She frequently represents parties in fraudulent transfer litigation in Ponzi scheme cases.

Ms. Phelps has lectured widely and written on bankruptcy and receivership matters, with a focus on Ponzi schemes. She is the co-author with Hon. Steven Rhodes of The Ponzi Book: A Legal Resource for Unraveling Ponzi Schemes; she is the editor and contributor to Fraud and Forensics: Piercing Through the Deception in a Commercial Fraud Case; and she is the author of Ponzi-Proof Your Investments: An Investor's Guide to Avoiding Ponzi Schemes and Other Fraudulent Scams.
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