Live Video Rebroadcast CLE Seminar
E-Discovery and the Government: Subpoenas and Other Document Requests
December 5, 2012
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In the past two years, the United States Department of Justice and other agencies have ramped up their investigations into several industries. In addition, Congress has passed new laws which expand the government's ability to request and examine corporate records. This course will provide an overview of the various tools that the government uses to obtain corporate electronically stored information ("ESI") and hard copy records and will provide a step by step process for how counsel should advise their corporate clients to quickly and cost effectively comply. The speakers will provide a sample government subpoena and then demonstrate how that step by step process should play out for that particular subpoena. Finally, the speakers will make recommendations on what proactive measures in-house and outside counsel should be taking well before they are faced with responding to a government request for corporate ESI and hard copy records.
See Agenda |
Key Topics
- Government Investigative Tools
- Planning for and Responding to Document Requests
- Sample Government Subpoena & Plan of Action
- Proactive Measures
Speakers
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Gerald J. Gleeson II
Miller Canfield P.L.C. – Detroit, MI
Gerald J. Gleeson II specializes in criminal defense and civil litigation. He has tried nearly 200 jury trials to verdict in both state and federal courts. A former prosecutor, Gerry has handled all types of criminal cases, including murder, assault, criminal sexual conduct, controlled substance, fraud, larceny, arson and racketeering. He has secured numerous acquittals and dismissals on behalf of his clients. He is also well-versed in Michigan's drunk driving laws, including driver's license restoration proceedings.
On the civil side, Gerry handles simple and complex pieces of litigation for both corporate and individual clients. He has litigated cases involving shareholder disputes, trade secret misappropriation, foreclosures, construction liens and various other commercial claims. He recently secured a multi-million dollar verdict for a client in a divorce trial in Genesee County.
Reported & Published Decisions
- Cole v Ladbroke Racing Michigan, 241 Mich.App. 1 (200)
Professional Activities
- Michigan State Bar Foundation, Fellow
- State Bar of Michigan, Professional Standards Division Character & Fitness Committee
- Oakland County Bar Association Inns of Court, Board of Directors, 2002-2005
- Oakland County Bar Association, Board of Directors, 2008-present; 2008 Chair, Criminal Committee; 2006 Chair, Youth Law Committee
- Oakland County Circuit Court Criminal Assignment Committee
- National Drug Court Institute, United States Department of Justice, Adult Drug Court Planning Initiative Training Series, 2001
- National College of District Attorneys Forensic Evidence Course, 2000
- National College of District Attorneys Career Prosecutor Course, 1997
Honors & Awards
- Wayne State University Law School, cum laude
- Michigan Super Lawyers, General Litigation, 2011, Rising Star 2008-2009
- DBusiness Magazine, Top Lawyers, White-Collar Criminal Defense 2011
Teaching Experience
- Thomas M. Cooley Law School, Visiting Professor, "Evidence"
- Oakland County Police Academy, Instructor, "Civil Law and Court Functions/Courtroom Testimony," (instructed classes biannually in the areas of civil and criminal procedure, preparation of students for testimony in a jury setting), 1997-2005
- Oakland County Bar Association, Instructor, "Introduction to Practice: Conduct of Trials" (instructed new attorneys in the trial process as conducted in Oakland County), 2001-present
Publications
- "A Rose Is Not A Rose: Misuse of Environmental Statutes and Common Law Theories in Private-Party Litigation," Defense Research Institute, 1993
- Presenting Scientific Issues in the Opening Statement," For the Defense, 1997
- Cooperation: The Key To Early Parole Eligibility in Major Controlled Substance Offense Sentencing," Oakland County Bar Association, 2001
Speeches
- "Parole & Commutation Issues," Practical Law Show, Bloomfield Cablevision (Channel 15), September 6-11, 2011
- e-Discovery: No Longer an Option - It's a Rule So Now What?," (Moderator), Oakland County Bar Association, September 2, 2009
- Hiring Foreign Nationals: What You Need To Know," Miller Canfield, Southfield, Michigan, May 12, 2009
- So Your Child is 18 – What Now?" U of D Jesuit High School, October 2006, March 2008; Marian High School, November 2006, February 2009; Troy Community Coalition, April 2007; Rochester/Auburn Hills Community Coalition, May 2007; International Academy, March 2006, March 2008, January 2009; West Bloomfield Community Coalition, March 2008; Waterford Coalition for Youth, June 2008
Seminars & Events
- 2010 Annual Employment Law Seminar
- Hiring Foreign Nationals: What You Need to Know
- Breakfast Briefing: Protect your Company from Federal Criminal Liability
News
- Miller Canfield Facilitates E-Discovery Seminar for Oakland County Bar Association
- Miller Canfield Elects New Principals
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Attorney B. Jay Yelton III
Miller Canfield P.L.C. – Detroit, MI
B. Jay Yelton III leads the firm's Electronic Discovery + Records Management team, which specializes in the design and implementation of records management programs, litigation readiness plans and e-discovery strategies. During the last 15-plus years, in response to litigation and government investigations, Jay has gained extensive experience assisting Fortune 500 corporations, governmental agencies and other organizations design and defend effective discovery plans and to implement and manage those discovery plans from start to finish. He regularly conducts educational and training seminars on records and discovery management topics for in-house legal and IT departments, bar and trade associations, and state and local municipalities. He has also written for, and been quoted in, numerous state and national publications on records and discovery management topics.
Representative Matters
- Business Technology Company Intellectual Property Litigation
Miller Canfield was local defense counsel for a Fortune Global 100 company in a federal court action involving antitrust and copyright infringement claims. We collected, reviewed and produced over 80 million pages of discovery documents.
- Brand Name Prescription Drug Antitrust Litigation
Served as national defense counsel for a global pharmaceutical company in price-fixing class actions in 15 U.S. states.
- Gasification Company Litigation
Served as co-defense counsel for a gasification company in a Federal court action involving claims of breach of contract and fraud/negligent misrepresentation against four interstate gas pipeline companies.
- Intercollegiate Athletic League Antitrust Litigation
Served as defense counsel for a national athletic league in a Federal court action involving antitrust, defamation and promissory estoppel claims.
Professional Activities
- American Bar Association
- Federal Bar Association
- State Bar of Michigan
- Kalamazoo County Bar Association
Honors & Awards
- Loyola University Chicago School of Law, Loyola Law Journal, Executive Editor
- Chambers USA: America's Leading Lawyers for Business, Commercial Litigation 2006
- Best Lawyers in America, Commercial Litigation 2007-2011; Commercial Litigation, Litigation-Antitrust, and Litigation-Regulatory Enforcement (SEC, Telecom, Energy) 2012
Publications
- "Data Security, E-Discovery and Corporate Boards," (co-author Phillip Shane), The Corporate Board Magazine, July/August 2012
- "Develop a Record Retention Policy for the Law Office," (Co-Author), Institute for Continuing Legal Education, July 2010
- "Advise Your Client on Preservation of Electronic Evidence," (Co-Author), Institute for Continuing Legal Education, June 2010
- "Michigan's New Discovery Rules: Early Involvement can Reduce Risks and Costs of Discovery," The Litigation Newsletter, State Bar of Michigan, Spring 2009
- "New Federal E-Discovery Rules: A Blessing or a Curse?," The Litigation Newsletter, State Bar of Michigan, Winter 2007
- Education and Training: The First Steps in Developing a Litigation Readiness Program," The Litigation Newsletter, State Bar of Michigan, Winter 2007
- "New Federal e-discovery Rules: A Blessing or a Curse?" Midwest In-House, July 2006
- "Education, Training Essential First Steps in Updating Your Company's Discovery Management Program," Midwest In-House, January 2005
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Time
| Live Rebroadcast |
| Pacific |
09:00 AM – 12:15 PM |
| Mountain |
10:00 AM – 01:15 PM |
| Central |
11:00 AM – 02:15 PM |
| Eastern |
12:00 PM – 03:15 PM |
Credits
Total CLE Credit Hours: 3
Approved in the following States: AL 3.3, CA 3, CO 4, NJ 3, OR 3.25, PA 3, TX 3.25, WA 3, WV 3
Approved through reciprocity in the following States: AK, AR, FL, HI, ME, MO, ND, and WI
In the following states, rebroadcasts are considered self-study and will not be approved for live credit: IA, PA, NE, NM
Application will be made for any State not listed if a registered attendee is requesting credit in that State. See our Satisfaction Guaranteed standard for credit and programing.
Tuition
First Registrant: $200
Add Associate/Paralegal: $150
Special: Young Lawyers, with under four (4) years acceptance to the Bar, may use coupon code YL25 to receive a $25 discount when checking out.
Note: Discounts can not be combined.
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