E-Discovery: Subpoenas and Non-Party Production Issues Online Course

Learn to understand how Rule 45 may be used to effectively


Pay Upfront US$199
Get Info Pack

Learn to understand how Rule 45 may be used to effectively

Understand how Rule 45 may be used to effectively pursue electronically stored information (ESI) from third-party subpoenas.
The decision to pursue ESI from a non-party via subpoena may result in a lengthy, expensive, and sometimes onerous process for both the non-party and the requesting party. The non-party may incur exorbitant costs associated with responding to the subpoena, the requesting party may wait months or even years to receive the ESI, and the issue may end up being submitted to the court via a protracted motion process. This topic helps practitioners use the provisions of recently amended Fed. R. Civ. P. 45 to most effectively and cost-efficiently pursue third party ESI by subpoena. It also explains how a non-party can use the protections built into Rule 45 to effectively comply with, and object to third-party subpoenas. This content also provides practical considerations for practitioners on either side of a non-party subpoena to utilize in a manner that will help them shift some or all of their costs, including attorneys' fees, onto the other party.

 Course Fast Facts:

  1. Learn everything you need to know about E-Discovery: Subpoenas and Non-Party Production Issues
  2. Comprehensive agenda covering E-Discovery: Subpoenas and Non-Party Production Issues Online Course
  3. Study along with simple instructions & demonstrations
  4. Written and developed by leading Rule 45 instructors
  5. Certificate of completion
  6. Available in multiple formats where you can choose the best format for your needs

Available in :

  • OnDemand Webinar : Archived webinar presentation with audio and slideshow including downloadable reference manual. Watch online anytime.
  • Audio & Reference Manual : PDF and MP3 files delivered on a USB flash drive. Listen and read on any compatible device.

Course Delivery

This program is available in several formats. Upon enrolment an automated welcome email will be sent to you (please check your junk email inbox if not received as this is an automated email), in order for you to access your online course

Recognition & Accreditation

All students who complete this course, receive a certificate of completion with a passing score (for the online assessment) and will be issued a certificate via email.

This course is being supplied by Lorman.

Introduction to Rule 45

  • Background of Rule and Relevant Amendments
  • ESI-Related Provisions
  • Comparisons to Rules 26 and 34

Effectively Seeking ESI From Third Parties to Avoid Undue Burden and Cost-Shifting

  • Assessing Third Party ESI Needs
  • Communicating With Third Parties
  • Drafting the Subpoena

Responding and Objecting to the Subpoena Seeking ESI

  • Complying With Deadlines and Obligations for Form and Manner of Production
  • Issuing a Hold and Reserving ESI
  • Communicating with Subpoena Sender
  • Engaging in Motion Practice

The Courts and Cost-Shifting

  • Legal Tests For Cost-Shifting
  • Federal Standards
  • Recovering Attorneys' Fees

GENERAL REQUIREMENTS:

Entry Requirements
Students must have basic literacy and numeracy skills.

Minimum education
Open entry. Previous schooling and academic achievements are not required for entry into this course.

Computer requirements
Students will need access to a computer and the internet.

Minimum specifications for the computer are:

Windows:
Microsoft Windows XP, or later
Modern and up to date Browser (Internet Explorer 8 or later, Firefox, Chrome, Safari)

MAC/iOS:
OSX/iOS 6 or later
Modern and up to date Browser (Firefox, Chrome, Safari)

All systems
Internet bandwidth of 1Mb or faster
Flash player or a browser with HTML5 video capabilities (Currently Internet Explorer 9, Firefox, Chrome, Safari)


For LIVE WEBINARS:

Q:  What is the webinar viewer?
A:  Not every live webinar will have the webinar viewer. The webinar viewer is an online PowerPoint® presentation that the speaker will manipulate. You can access the webinar viewer through a link provided in your confirmation email.  Again, Internet access is required.

Q:  What is a live webinar?
A:  A live webinar is a live training program in which the audio is streamed over the Internet or accessed over phone lines and the written materials are accessed via the Internet. Audio and video reception capabilities of your computer set-up is required.

Q:  How do I access the live webinar?
A:   Once you have registered for the live webinar, you will receive a confirmation email with a link and an individual PIN to stream the audio over the Internet and access the reference materials. 

Q:  How do I access the reference materials?
A:  Your confirmation email includes a link to the reference materials for your live webinar. The reference materials are typically available for download a day or two before the live webinar.

For OnDemand WEBINARS:

Q:  What is an OnDemand webinar?
A:  OnDemand webinars are self-paced online programs that allow you to earn continuing education credit at your convenience. Each program includes a downloadable PDF reference manual. A PDF viewer is required.

Q:  My OnDemand webinar is not functioning properly. What can I do?
A:  Adobe Flash 9+ with Javascript enabled is needed to view the program.

Credits

 OnDemand Webinar

This course was last revised on May 16, 2017.

  • ID CLE 1.5 
     
  • This program has been approved by the Idaho State Bar for 1.5 CLE hours.
     
  • NY CLE 1.5 including Skills 1.5 
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Skills for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     

The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

 Audio & Reference Manual

  • AK CLE 1.5 
     
  • Arizona CLE 1.5 
     
  • CA MCLE 1.5 
     
  • CT CLE 1.5 
     
  • GA CLE 1.5 
     
  • HI CLE 1.5 
     
  • IL CLE 1.5 
     
  • ME CLE 1.5 
     
  • MO CLE 1.8 
     
  • MT CLE 1.5 
     
  • NJ CLE 1.8 
     
  • NM CLE 1.5 
     
  • NV CLE 1.5 
     
  • NY CLE 1.5 including Skills 1.5 
     
  • OR CLE 1.5 
     
  • UT CLE 1.5 
     
  • VT CLE 1.5 
     
  • WA CLE 1.5 
     
  • WV MCLE 1.8 
     

The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

 

 

ALL ACCESS PASS

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

  • Live Webinars
  • OnDemand Webinars
  • MP3 Downloads
  • Course Manuals
  • Audio Recordings*
  • Executive Reports
  • White Papers and Articles
  • Sponsored Live Webinars

Additional benefits include:

  • State Specific Credit Tracker
  • Members Only Newsletter
  • All-Access Pass Course Concierge

* For audio recordings you only pay shipping

Unlimited Lorman Training

With the All-Access Pass there is no guessing what you will need for your yearly training budget. $699 will cover all of your training needs for an entire year!

Easy Registrations

Once you purchase your All-Access Pass you will never be any further than one-click away from attending any Lorman training course.

Invest in Yourself

You haven't gotten to where you are professionally by luck alone; it's taken a lot of hard work and training. Invest in yourself with the All-Access Pass.

Mark S. Sidoti

Mark S. Sidoti

Gibbons P.C.

  • Director in the Gibbons Products Liability and Business & Commercial Litigation Departments and chair of the E-Discovery Task Force
  • Represents companies in high stakes business litigation in financial services, corporate medical and other business areas
  • As chair of the Gibbons E-Discovery Task Force, he heads an interdisciplinary group that provides counseling, training, and litigation-related assistance to companies on a full range of information management and e-discovery matters
  • Educator and frequent lecturer on e-discovery/information governance
  • Serves on the faculty of Georgetown Law School’s eDiscovery Training Academy and the ASU-Arkfeld EDiscovery and Digital Evidence Conference and the Board of Editors of Arkfeld on Electronic Discovery and Evidence
  • Listed in New York Super Lawyers among New York’s leading lawyers in the area of business litigation*
  • Has achieved the highest rating by Martindale-Hubbell Law Directory*
  • J.D. degree, Fordham University School of Law; B.S. degree, summa cum laude, Fordham University
Jennifer Marino Thibodaux

Jennifer Marino Thibodaux

Gibbons P.C.

  • Director at Gibbons P.C. and a member of the Class Action Defense Team and E-Discovery Task Force
  • Represents companies in all aspects of class action defense involving consumer fraud and consumer product claims
  • Defends clients in a broad range of complex commercial matters
  • Manages preservation and production of electronically-stored information in accordance with state and federal rules with a perspective towards minimizing costs and maximizing efficiency
  • Frequently writes and presents regarding the preservation and production of electronically-stored information and the emerging field of the discoverability of social media
  • Selected for the New Jersey Super Lawyers Rising Stars List multiple years*
  • J.D. degree, magna cum laude, Order of the Coif, Seton Hall University School of Law; B.A. degree, cum laude, Bucknell University

 

About this Course

Learn to understand how Rule 45 may be used to effectively

Understand how Rule 45 may be used to effectively pursue electronically stored information (ESI) from third-party subpoenas.
The decision to pursue ESI from a non-party via subpoena may result in a lengthy, expensive, and sometimes onerous process for both the non-party and the requesting party. The non-party may incur exorbitant costs associated with responding to the subpoena, the requesting party may wait months or even years to receive the ESI, and the issue may end up being submitted to the court via a protracted motion process. This topic helps practitioners use the provisions of recently amended Fed. R. Civ. P. 45 to most effectively and cost-efficiently pursue third party ESI by subpoena. It also explains how a non-party can use the protections built into Rule 45 to effectively comply with, and object to third-party subpoenas. This content also provides practical considerations for practitioners on either side of a non-party subpoena to utilize in a manner that will help them shift some or all of their costs, including attorneys' fees, onto the other party.

 Course Fast Facts:

  1. Learn everything you need to know about E-Discovery: Subpoenas and Non-Party Production Issues
  2. Comprehensive agenda covering E-Discovery: Subpoenas and Non-Party Production Issues Online Course
  3. Study along with simple instructions & demonstrations
  4. Written and developed by leading Rule 45 instructors
  5. Certificate of completion
  6. Available in multiple formats where you can choose the best format for your needs

Available in :

  • OnDemand Webinar : Archived webinar presentation with audio and slideshow including downloadable reference manual. Watch online anytime.
  • Audio & Reference Manual : PDF and MP3 files delivered on a USB flash drive. Listen and read on any compatible device.

Course Delivery

This program is available in several formats. Upon enrolment an automated welcome email will be sent to you (please check your junk email inbox if not received as this is an automated email), in order for you to access your online course

Recognition & Accreditation

All students who complete this course, receive a certificate of completion with a passing score (for the online assessment) and will be issued a certificate via email.

This course is being supplied by Lorman.

Introduction to Rule 45

  • Background of Rule and Relevant Amendments
  • ESI-Related Provisions
  • Comparisons to Rules 26 and 34

Effectively Seeking ESI From Third Parties to Avoid Undue Burden and Cost-Shifting

  • Assessing Third Party ESI Needs
  • Communicating With Third Parties
  • Drafting the Subpoena

Responding and Objecting to the Subpoena Seeking ESI

  • Complying With Deadlines and Obligations for Form and Manner of Production
  • Issuing a Hold and Reserving ESI
  • Communicating with Subpoena Sender
  • Engaging in Motion Practice

The Courts and Cost-Shifting

  • Legal Tests For Cost-Shifting
  • Federal Standards
  • Recovering Attorneys' Fees

GENERAL REQUIREMENTS:

Entry Requirements
Students must have basic literacy and numeracy skills.

Minimum education
Open entry. Previous schooling and academic achievements are not required for entry into this course.

Computer requirements
Students will need access to a computer and the internet.

Minimum specifications for the computer are:

Windows:
Microsoft Windows XP, or later
Modern and up to date Browser (Internet Explorer 8 or later, Firefox, Chrome, Safari)

MAC/iOS:
OSX/iOS 6 or later
Modern and up to date Browser (Firefox, Chrome, Safari)

All systems
Internet bandwidth of 1Mb or faster
Flash player or a browser with HTML5 video capabilities (Currently Internet Explorer 9, Firefox, Chrome, Safari)


For LIVE WEBINARS:

Q:  What is the webinar viewer?
A:  Not every live webinar will have the webinar viewer. The webinar viewer is an online PowerPoint® presentation that the speaker will manipulate. You can access the webinar viewer through a link provided in your confirmation email.  Again, Internet access is required.

Q:  What is a live webinar?
A:  A live webinar is a live training program in which the audio is streamed over the Internet or accessed over phone lines and the written materials are accessed via the Internet. Audio and video reception capabilities of your computer set-up is required.

Q:  How do I access the live webinar?
A:   Once you have registered for the live webinar, you will receive a confirmation email with a link and an individual PIN to stream the audio over the Internet and access the reference materials. 

Q:  How do I access the reference materials?
A:  Your confirmation email includes a link to the reference materials for your live webinar. The reference materials are typically available for download a day or two before the live webinar.

For OnDemand WEBINARS:

Q:  What is an OnDemand webinar?
A:  OnDemand webinars are self-paced online programs that allow you to earn continuing education credit at your convenience. Each program includes a downloadable PDF reference manual. A PDF viewer is required.

Q:  My OnDemand webinar is not functioning properly. What can I do?
A:  Adobe Flash 9+ with Javascript enabled is needed to view the program.

Credits

 OnDemand Webinar

This course was last revised on May 16, 2017.

  • ID CLE 1.5 
     
  • This program has been approved by the Idaho State Bar for 1.5 CLE hours.
     
  • NY CLE 1.5 including Skills 1.5 
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Skills for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     

The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

 Audio & Reference Manual

  • AK CLE 1.5 
     
  • Arizona CLE 1.5 
     
  • CA MCLE 1.5 
     
  • CT CLE 1.5 
     
  • GA CLE 1.5 
     
  • HI CLE 1.5 
     
  • IL CLE 1.5 
     
  • ME CLE 1.5 
     
  • MO CLE 1.8 
     
  • MT CLE 1.5 
     
  • NJ CLE 1.8 
     
  • NM CLE 1.5 
     
  • NV CLE 1.5 
     
  • NY CLE 1.5 including Skills 1.5 
     
  • OR CLE 1.5 
     
  • UT CLE 1.5 
     
  • VT CLE 1.5 
     
  • WA CLE 1.5 
     
  • WV MCLE 1.8 
     

The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

 

 

ALL ACCESS PASS

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

  • Live Webinars
  • OnDemand Webinars
  • MP3 Downloads
  • Course Manuals
  • Audio Recordings*
  • Executive Reports
  • White Papers and Articles
  • Sponsored Live Webinars

Additional benefits include:

  • State Specific Credit Tracker
  • Members Only Newsletter
  • All-Access Pass Course Concierge

* For audio recordings you only pay shipping

Unlimited Lorman Training

With the All-Access Pass there is no guessing what you will need for your yearly training budget. $699 will cover all of your training needs for an entire year!

Easy Registrations

Once you purchase your All-Access Pass you will never be any further than one-click away from attending any Lorman training course.

Invest in Yourself

You haven't gotten to where you are professionally by luck alone; it's taken a lot of hard work and training. Invest in yourself with the All-Access Pass.

Mark S. Sidoti

Mark S. Sidoti

Gibbons P.C.

  • Director in the Gibbons Products Liability and Business & Commercial Litigation Departments and chair of the E-Discovery Task Force
  • Represents companies in high stakes business litigation in financial services, corporate medical and other business areas
  • As chair of the Gibbons E-Discovery Task Force, he heads an interdisciplinary group that provides counseling, training, and litigation-related assistance to companies on a full range of information management and e-discovery matters
  • Educator and frequent lecturer on e-discovery/information governance
  • Serves on the faculty of Georgetown Law School’s eDiscovery Training Academy and the ASU-Arkfeld EDiscovery and Digital Evidence Conference and the Board of Editors of Arkfeld on Electronic Discovery and Evidence
  • Listed in New York Super Lawyers among New York’s leading lawyers in the area of business litigation*
  • Has achieved the highest rating by Martindale-Hubbell Law Directory*
  • J.D. degree, Fordham University School of Law; B.S. degree, summa cum laude, Fordham University
Jennifer Marino Thibodaux

Jennifer Marino Thibodaux

Gibbons P.C.

  • Director at Gibbons P.C. and a member of the Class Action Defense Team and E-Discovery Task Force
  • Represents companies in all aspects of class action defense involving consumer fraud and consumer product claims
  • Defends clients in a broad range of complex commercial matters
  • Manages preservation and production of electronically-stored information in accordance with state and federal rules with a perspective towards minimizing costs and maximizing efficiency
  • Frequently writes and presents regarding the preservation and production of electronically-stored information and the emerging field of the discoverability of social media
  • Selected for the New Jersey Super Lawyers Rising Stars List multiple years*
  • J.D. degree, magna cum laude, Order of the Coif, Seton Hall University School of Law; B.A. degree, cum laude, Bucknell University

 

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Pay Upfront US$199
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Course Summary

Course ID No.: 101LREDSNPP
Delivery Mode: Online
Course Access: 90 days
Tutor Support: Yes
Time required: 92 minutes
Qualification: Certificate

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