• 00:05

    E-Discovery Nuts and Bolts: Introduction to Litigation Readiness

    in Legal

    On December 1, 2006, changes relating to electronically stored information ("ESI") in the Federal Rules of Civil Procedure took effect.  The changes to Rules 16, 26, 33, 34, 37, 45 and Form 35 provide mandates to the preservation, discoverability, production, accessibility, and costs associated with ESI which includes e-mail, word processing documents, spreadsheets, voice mail, databases, and more. 


    Today, all litigants have a duty to request and disclose responsive electronic evidence in their cases.  Whether your cases are small or large, or whether you are a sole practitioner, pro se litigant, or member of a large firm or corporation, discovery issues relating to ESI will have to be addressed and resolved.


    The purpose of this audioblog is to introduce legal professionals, paralegals, real estate professionals, corporations, insurance adjusters, and more, on how to comply with electronic discovery requests.  We will introduce you to the tools you will need to construct a litigation readiness program for your organization in the event that litigation becomes imminent, pending, or pending.


    Throughout the audio series you will learn:


    1. The Basics of Electronic Discovery


    2. An Electronic Discovery Checklist


    3. Requesting Electronic Discovery


    4. Responding to an Electronic Discovery Request


    5. Amendments to the Federal Rules and State Counterparts


    6. "Meet and Confer" Planning


    And much more!

  • 00:29

    E-Discovery Nuts and Bolts: CFPB Rules for Dual Tracking for Homeowners

    in Legal

    The CFPB, which was established under the auspices of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, codified at Pub. L. 111-203, 124 Stat. 1376-2223, issued new mortgage servicing rules that went into effect as of January 10, 2014. 


    Under the new rules, a mortgage servicer cannot initiate a foreclosure until 120 days after you fall behind in payments.  Also, the servicer cannot start the foreclosure process if a loss mitigation application is pending.


    What this means folks is that if you submit a complete loss mitigation application to your mortgage servicer after the foreclosure has started, but more than 37 days before a foreclosure sale, the servicer must stop the foreclosure proces until:


    1. The servicer informs you that you are not eligible for any loss mitigation options (and any appeal you make has been exhausted);


    2. You reject the workout option that the servicer offers to you, or


    3. You accept a workout, but fail to comply with the terms of the deal (such as not making payments during a trial modification)


    To find out more about the CFPB's new mortgage servicing rules, visit our website at www.ediscoverynow.net or call 888-502-0586 to speak with and E-Discovery Specialist.

  • 00:43

    E-Discovery Budget

    in Legal

    The first step in budgeting is to prepare an estimate based upon your best guesses and assumptions about the data to be collected.  Remember, the opposing party will undoubtedly respond to your discovery requests as burdensome, not relevant, overbroad, inaccessible, and too costly.  In anticipation of these objections, you will need to practice what is called "anticipatory e-discovery" to take the steam out of the objections from the opposing party.
    Some factors to be considered should include:
    Volume.  Volume is almost always the largest driver of cost.  Mortgage foreclosure issues surrounding Assignments of Mortgage will not encompass a lot of volume. Scope.  It will be wise to start with the smallest possible scope and expand if necessary. Efficiency.  Plan an E-Discovery strategy in advance that will allow for an efficient human review of the documents obtained. Timing.  Time is of the essence.  More time for E-Discovery activities will optimize efficiency and minimize mistakes and costs. Risk.  Mitigating risk up front through agreement and cooperation with the opposing party will help define where you stand and eliminate potential risks in the future. Location. Location. Location.  Where the data is located can affect costs so can the jurisdiction of the case. (Human review will be more accurate when doing small scale review)
    For more information on e-discovery budgeting contact A. Johnson & Associates, LLC at 888-502-0586, or ajohnson@ediscoverynow.net.
    DISCLAIMER:  We are not attorneys. We are not engaged in rendering legal advice. If legal advice is required, the assistance of a competent, qualified legal professional should be obtained.
     
     

  • 00:34

    E-Discovery for Pro Se Litigants

    in Legal

    Today, all litigants, pro se or otherwise have a duty to request and disclose responsive electronic evidence in their cases.  Whether your case is consumer debt litigation, foreclosure, or wrongful termination, discovery issues relating to electronically stored information (ESI) will have to be addressed.
    When requesting ESI in discovery, the first step is to determine the specific, relevant case information you want from the responding side.  Our E-Discovery Nuts and Bolts for Pro Se Litigants e-book, is a step-by-step guide on how to determine the specific, relevant case information, and guide you along the EDRM (Electronic Discovery Reference Model), the industry standard.
    Pick up a copy of the E-Discovery Nuts and Bolts for Pro Se Litigants e-book at www.amazon.com.
    For more information on e-discovery and how to apply the rules in relation to the preservation, discoverability, production, accessibility, and costs associated with ESI, which includes e-mail, word processing documents, spreadsheets, voice mail, databases, and more, contact A. Johnson & Associates, LLC at 888-502-0586, email me at ajohnson@ediscoverynow.net, or visit our website at www.ediscoverynow.net.
    DISCLAIMER:  We are not attorneys.  We are not engaged in rendering legal advice.  We are E-Discovery Solutions Specialists.  If legal advice is required, the assistance of a competent, qualified legal professional trained in electronic data discovery ("e-discovery") should be obtained.

  • 00:31

    What Is E-Discovery? (Electronic Discovery or ESI)

    in Legal

    Hello folks and thank you once again for joining here at the E-Discovery for FDCPA Pro Se Litigants Webinar.  I am your host, Anthony Johnson. 
    Before we can truly get into how to request electronically stored information (ESI) from a debt collector or original creditor, we must first understand what is ESI.  We must also understand the EDRM Lifecycle, the industry standard.  More on that later in the coming Webinars.  For now, please know that electronic discovery has been described as the disclosure of electronically stored information including the form or forms in which it should be produced.  This includes, but not limited to, email, spreadsheets, word proessing documents, audio, video, or any content in a digital format. 
    So, when your debt collector or original creditor would intimate that they do not have the original contract or application that was signed when the presumptive debt in question metastasized because it was procured via telephone or Internet, you can respond that under the federal and state rules relating to electronically stored information, you have a duty to request and they to disclose responsive electronic evidence.
    For further illumination on this Webinar, please visit A. Johnson & Associates, LLC at www.ediscoverynow.net or 888-502-0586.
    DISCLAIMER:  We are not attorneys.  We are not engaged in rendering legal advice.  We are E-Discovery Solutions specialists.  If legal advice is required, the assistance of a competent, qualified legal professional should be obtained.

  • 00:39

    E-Discovery Identification and Preservation Questionnaire

    in Legal

    The Electronic Discovery Identification and Preservation Questionnaire is designed to help identify, preserve, and collect electronically stored information (ESI) for discovery.  The questions contained therein may be best answered by the opposing party's IT personnel.  It is highly recommended that a representative from the Litigation Support Team of the opposing party participate in discussions with the client's IT personnel.
    The questionnaire will help you narrow the relevant time frame, inquire as to whether a formal Litigation Hold has been implemented, determine if there is a written records retention/destruction policy in place, as well as be informed as to whether any data destruction and auto-deletion policies have been suspended since the institution of litigation.
    You will also obtain a description of the network infrastructure and organization of ESI, including, but not limited to file servers, email servers, application and web servers.  Also, the most important part of the questionnaire is to find out who are the relevant custodians, their names and locations within or outside the company who may possess or control ESI or paper documents relevant to the litigation.
    For more information on this topic, please contact A. Johnson & Associates, LLC at 888-502-0586 or email me at ajohnson@ediscoverynow.net.
    DISCLAIMER:  We are not attorneys.  We are not engaged in rendering legal advice.  We are E-Discovery Project Management Consultants.  If legal advice is required, the assistance of a competent qualified legal professional must be obtained.

  • 00:08

    Discovery Radio (test)

    in School

    Testing the future site of Discovery Radio!

  • 00:17

    E-Discovery Nuts and Bolts for Wrongful Termination

    in Legal

    Electronic evidence has been described as e-mails, spreadsheets, word processing documents, audio, video, or any other content that has metastasized in a digital format.  In a wrongful termination situation, the fact-finding process will require you to uncover electronic evidence, especially if you are engaged in an employment discrimination case involving a charge of racial or age discrimination.


    You may file a charge of employment discrmination with the EEOC office closest to where you live, or at any one of the EEOC's 53 field offices.  Your charge, however, may be investigated at the EEOC office closest to where the discrimination occurred.  If you are a U.S. citizen working for an American company overseas, you should file your charge with the EEOC field office closest to your employer's corporate headquarters.


    Usually, you only have 180 days to file your claim.  Once you file the claim, you should also send a "LEGAL HOLD" or LITIGATION HOLD" notice to the opposing party.  A legal hold is a directive and an ongoing process to preserve "electronically stored information" (ESI), documents or physical evidence pertaining to your situation.  Your employer would be required to save any ESI that may be relevant to your charge.


    Tune in to our E-Discovery Nuts and Bolts for Wrongful Termination Training Webinar on Wednesday, January 29, 2014, @ 12 Noon, by visiting www.ediscoverynow.net.  Click on the Webinar for Wrongful Termination and pay the entrance fee and you will receive the PASSWORD to gain access to the Webinar.  The Webinar will teach you how to draft a Legal Hold, Rule 26(f) Memorandum, and furnish you with the E-Discovery forms necessary to obtain responsive electronic evidence for your case.


    Visit our website at www.ediscoverynow.net for more information on E-Discovery Nuts and Bolts for whatever your situation may be.

  • 00:30

    E-Discovery Nuts and Bolts for Consumer Debt Mediation

    in Legal

    In the computer age, 99% of all documents are created and stored electronically.  Today, all litigants, pro se or otherwise, have a duty to request and disclose responsive electronic evidence in their cases.  If you have a consumer debt case, debt collectors will seek to turn to the courts to squeeze money out of the already struggling poor and middle class. 


    Lawsuits to collect on bad debts have to be filed in the state where a debtor lives.  And, location has become the new tool for debt collectors as some jurisdictions are more lenient than others.  Large debt buyers use the relaxed rules of small claims and municipal courts to file suits that obtain little documentation of the debts they seek to collect.  These courts allow for quick judgments when legally unsophisticated defendants fail to contest the suits.  Once the debt collectors obtains a judgment, they use the full weight of the legal system to enforce it primarily by seizing assets, garnishing wages, and freezing bank accounts.


    Thus, the need for ediscovery.  Tune in to our E-Discovery Nuts and Bolts for Consumer Debt Mediation Training Webinar on Tuesday, January 28, 2014 @ 12 Noon to learn how to uncover ESI and effectively negotiate a resolution of your consumer debt via mediation or arbitration. 


    Visit our website at www.ediscoverynow.net to learnn how to obtain access to the Webinar and also pick up a copy of the E-Discovery Nuts and Bolts for Consumer Debt Mediation ebook at www.amazon, a step-by-step instruction guide on ediscovery for consumer debt situations.


     

  • 00:30

    E-Discovery Nuts and Bolts for Foreclosure Resolution

    in Legal

    In the computer age, 99% of all documents are created andn stored electronically.  Electronic evidence has been described as e-mail, spreadsheets, word processing documents, audio, video, or any other content that has metastasized in a digital format.  The fact-finding process will require you to uncover electronic evidence, especially if you are a party to a foreclosure situation.  Most mortgages have MERS, the Mortgage Electronic Registration System, Inc. as nominee for the original lender, its successors and assigns.  MERS has represented in Courts that its sole purpose is as a system to track mortgages.  It has stated that it does not do the entries on the electronic repository itself, but the lenders and services do.  When the all-important "Assignment of Mortgage" or "Assignment of Security Deed of Trust" is executed, it is the member servicer or lender that goes to the website, downloads the necessary forms, completes the forms and then takes it to the designated "MERS Officer" to sign.


    Because MERS is an electronic repository and database that stores information, it is prudent that you have a grasp, the nuts and bolts, of what electronic evidence is all about. 


    Visit our website at www.ediscoverynow.net to attend our Webinar on Monday, January 27, 2014 @12 Noon for our E-Discovery Nuts And Bolts for Foreclosure Resolution Webinar.  Also, be sure to visit www.amazon.com and pick up a copy of the E-Discovery Nuts and Bolts for Foreclosure Resolution ebook, a step-by-step guide to ediscovery as it applies to foreclosures.


     

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