| Handling Electronically Stored Information (ESI) in a Fraud Investigation
Program Type: Recorded Webinar(Audio, PPT Presentation)
Program Level: Overview
Prerequisites: Learning activity level that provides a general review of a subject area from a broad perspective.
Advanced Preparation: None
Delivery Method: Group Internet-Based
CPE Credits: One (1) Hour
Fields of Study: Business Law
Shipping Weight: 0lbs. 0oz.
This Webinar will discuss the benefits and difficulties of locating, preserving, and using electronically stored information (ESI) in a fraud case. This session will also discuss where ESI may be stored, the types of legal battles that arise over discovery of ESI, and how best to handle ESI-related issues to keep costs at a minimum. The issues that may be discovered during the discovery process will be approached from the perspective of a fraud investigation and how to best gather and preserve evidence to assist in the administration of a case or throughout the litigation process. The provisions that should be included in cooperation agreements to coordinate issues of cost, scope, and form of production of ESI will be discussed.
After completing this webinar, attendees will be able to:
- Assess what types of things constitute ESI
- Identify where ESI is located
- Recognize how to cooperate with federal regulators over ESI
- Determine how to best obtain ESI records through the discovery process
- Identify how to define the scope of ESI to be produced
- Evaluate factors to consider in sharing the costs of ESI production
- Recognize how to obtain records from financial institutions
- Recognize attorney-client privilege issues in ESI production
- Determine how to preserve ESI for use as evidence in a later trial
- Compose a thorough cooperation and coordination agreement to canvas issues relating to ESI
- Define how ESI can help in a commercial fraud case
Who Should Attend
Attorneys, CPAs, expert witnesses, financial consultants, business people, regulators, financial institutions, hedge funds
Kathy Bazoian Phelps
Ms. athy Bazoian Phelps has more than 24 years of experience as a lawyer in bankruptcy law, fiduciary representation and fraud litigation, as well as serving as a fiduciary herself. Kathy’s practice includes representation of trustees and receivers as well as litigants and parties in interest in bankruptcy and receivership cases and other insolvency proceedings. She is particularly knowledgeable about the administration of Ponzi scheme cases and has extensive litigation experience in a claims arising in these types of cases.
Ms. Phelps has lectured widely and written on bankruptcy and receivership matters, with a focus on Ponzi schemes. Her book entitled The Ponzi Book: A Legal Resource for Unraveling Ponzi Schemes, co-authored with Hon. Steven Rhodes, has garnered national and international attention as the authoritative work on Ponzi scheme law.
Ms. Phelps also serves as a mediator and is currently on the Bankruptcy Mediation Panel for the Central District of California.