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The MSBA's Solo and Small Firm & Computer and Technology Sections Present:


"Texts, Lies and Backup Tapes: What You Must Know about E-Discovery to Prove Your Case and Avoid Big Mistakes"

Please join us for this wonderful 2-hour E-discovery CLE on understanding and satisfying the ethical obligation to be competent with electronic evidence. 


9:00 – 9:30 a.m. “E-Discovery Ethical Implications in the Digital Age.”
Mr. Arkfeld will provide an overview of the American Bar Association’s “20/20” Committee’s revisions to the Model Rules of Professional Conduct and Comments thereto regarding the professional obligation to be competent in electronic evidence. This presentation will describe the Committee’s decision to revise the Comments to the Model Rules that attorneys must understand how electronic data is created, stored, altered and transmitted, the impact of these changes and how the directly affect attorney’s competency requirements regarding electronic discovery. Recent case law involving ethical sanctions for electronic discovery mistakes will be discussed.

9:30-10:15 a.m. Christine Chalstrom will provide a 45-minute tutorial on the critical electronic evidence issues that attorneys must understand and know in order to be competent in electronic discovery. Following along with the ABA’s updates to the Model Rules, this presentation will identify the critical technology issues that arise in e-discovery and what essential technological aspects of electronic data that attorneys must know in order to avoid ethical and malpractice errors.

10:15-11:00 a.m. Mr. Jozwiak and Mr. Cummins will each give a brief introduction of the electronic evidence errors that they have observed, difficult electronic evidence circumstances they have encountered, their strategies for avoiding ethical or practice traps with regard to e-discovery and how they stay current on electronic evidence legal and technological changes. Mr. Arkfeld and Ms. Chalstrom will offer comments and follow-up to the remarks by Mr. Jozwiak and Mr. Cummins.


Michael Arkfeld, Arkfeld and Associates
Michael Arkfeld is one of the leading experts in the field of electronic document retention, discovery, production and admissibility of electronic information. Mr. Arkfeld was the recipient of the 2004 E-Evidence Thought Leading Scholar Award. He is the author of the leading treatise, Arkfeld on Electronic Discovery and Evidence, four Best Practices Guides on eDiscovery and dozens of articles on technology and the practice of law. He has been a presenter at over 200 conferences, seminars and training sessions.

Christine Chalstrom, Shepherd Data Services
Ms. Chalstrom is an attorney and computer programmer who for over 15 years has advised attorneys on computer forensics and the use of technology in litigation. Her ardent focus is on teaching attorneys on how to effectively and economically use technology to improve their work and provide better work product for their She is the founder and owner of Shepherd Data Services, a Minnesota legal technology company with a national client base. Prior to founding Shepherd Data Services, she practiced litigation in Minnesota.

Justin Cummins, Esq., Miller O’Brien & Cummins
Mr. Cummins’ practice is employment law and discrimination litigation. Justin is past Chair of the Minnesota State Bar Association's Labor & Employment Law Section as well as a Past Officer of the National Employment Lawyers Association's Eighth Circuit and Minnesota Boards. Justin has taught civil rights and constitutional litigation at the University of Minnesota Law School and William Mitchell College of Law. Justin frequently speaks at conferences on employment litigation as well as on civil rights and labor law.

Christopher Jozwiak, Esq., Baillion Thome Miller Jozwiak and Wanta
Mr. Jozwiak’s litigation experience includes trial and appellate practice in state and federal court involving a broad array of employment matters. He has successfully mediated numerous cases and has written winning briefs in cases involving retaliation, sexual harassment, wage and hour violations, whistleblower retaliation, discrimination and wrongful retaliation. Chris graduated with honors from the University of Minnesota Law School and was the Executive Editor of the Journal of Law and Inequality. He was also a judicial extern to U.S. District Court Judge David S. Doty.

0.5 hours of Ethics CLE credits approved
1.5 hours of Standard CLE credits approved
(event code: 172369)



Date:   Friday, October 5, 2012
Time:  8:30 a.m. t0 9:00 a.m. - Registration, breakfast and networking
9:00 a.m. to 11:00 a.m. - Program
Location:   MSBA Offices
600 Nicollet Mall, Suite 380
Minneapolis, MN 55402 


Solo-Small Firm or Computer and Technology Section Members:  $15.00
MSBA Members (But Not Solo and Small Firm or Computer and Technology Section Members):  $30.00
Non-MSBA Members:  $40.00
Law Students:  Free
Join the Section and attend this CLE at no additional cost:  $22.00

Teleconferencing is available. Please indicate this option when registering or contact Jennifer Carter for further information. Teleconferencing instructions will be emailed on October 4.

Cancellation Policy:

Refunds will be processed for cancellation requests received in writing on or before noon on the registration deadline. Requests should be directed to the event contact person listed at the bottom of this notice. Cancellation requests received after this time are not eligible for refunds. You may send a colleague in your place if you are unable to join us and the registration deadline has passed.

Requests for an exception to this policy should be directed to Nicole Battles, Section Services Director, by e-mail or at (612) 278-6336.