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American Bar Association

Emerging E-Discovery Challenges in Construction Cases: Tips, Tricks, Tweets and Texts

Date: Thursday, January 9, 2014
Format: Live Webinar
Duration: 90 minutes


The American Bar Association Forum on the Construction Industry, Section of Science & Technology Law, Section of Litigation and Center for Professional Development

1:00 PM-2:30 PM Eastern

12:00 PM-1:30 PM Central

11:00 AM-12:30 PM Mountain

10:00 AM-11:30 AM Pacific

Program Description

In this era of rapid-fire electronic communications, important construction project decisions are increasingly communicated via electronic mail, voicemail, and text message using mobile devices and various computing and communications platforms.  This evidence can derive from numerous software platforms, and may be absolutely critical to winning your construction case. 

Our faculty will discuss emerging e-discovery challenges in the context of a construction project dispute that relate to emerging communication devices and platforms and will also offer strategies for managing and mining this data to your advantage.  Participants will learn strategies to reduce their e-discovery burdens and gain an early advantage in disputes.
Topics to be addressed include:

  • Typical legal hold triggers in a construction case
  • Evidence that can be derived from various software platforms
  • Types of evidence  to preserve and how to preserve it
  • Practical tips on dealing with discovery vendors
  • Discovery strategies in construction cases
  • Best practice tips from the panelists


Program Faculty

Albert Barsocchini
Head of Strategic Consulting
NightOwl Discovery
Minneapolis, MN

Jennifer A. Mahar
Smith Pachter McWhorter, PLC
Tysons Corner, VA

John W. Simek
Vice President
Sensei Enterprises, Inc.
Fairfax, VA

CLE Credit

States typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted. For many live events, credit approval is not received prior to the program.

The ABA applies for and ordinarily receives CLE credit for ABA live webinars and teleconferences in AL, AK, AR, AZ, CA, CO, DE, GA, GU, HI, IA, IL, IN, KY, LA, MN, MO, MT, NM, NY, NC, ND, OK, OR, SC, TN, TX, UT, VA, VI, VT, WA, WI, and WV.

The ABA does not seek direct accreditation of live webinars and teleconferences in FL, ID, KS, ME, NE, NH, NJ, OH, PA, RI, and WY. Some states allow attorneys to earn credit through reciprocity or self-submission. View accreditation information for your state. The ABA will seek credit for this program in the states indicated on this page.

The ABA will seek 1.5 hours of general CLE credit in 60-minute states and 1.8 hours of CLE credit in 50-minute states. Credit hours granted are subject to each state’s approval and credit rounding rules.

New York: This non-transitional CLE program is approved for experienced NY attorneys in accordance with the requirements of the New York State CLE Board for 1.5 New York CLE credits. Newly admitted attorneys may not earn New York credit for this non-transitional CLE program. All attorneys may click here to view additional MCLE information for your jurisdiction

Registration Options

- Individual
- Group
- CD-ROM (Pre-Orders)

Phone or Mail:
Monday - Friday
9:00 AM - 6:00 PM Eastern
Event Code: cet4eed
Mail Order Form

Join the ABA and Save!

Join the ABA to receive a discount on this and future ABA programs and products. Join the Forum on the Construction Industry, Section of Science & Technology Law or Section of Litigation to save even more!


$95 Forum on the Construction Industry Members, Section of Science & Technology Law Members, Section of Litigation Members
$150 ABA Members
$195 General Public
$99 Government Attorneys
$75 Each additional registrant at the same location. Each registrant must log in to the webinar individually to receive credit.

All participants must register for the program.

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System Requirements

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