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Discovery in 2016: New Rules, Cases and Technology

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Discovery in 2016: New Rules, Cases and Technology DISCOVERY IN 2016: NEW RULES, CASES AND TECHNOLOGY Written & Presented by: HON. REBECCA SIMMONS, San Antonio Acelity Presented by: MONICA LERMA, San Antonio IHeart Media STEVE S. MCNEW, Houston Navigant State Bar of Texas 32nd ANNUAL LITIGATION UPDATE INSTITUTE January 21-22, 2016 Austin CHAPTER 6 Honorable Rebecca Simmons Associate General Counsel Acelity 12930 IH 10 West San Antonio, Texas 78249 Education Austin College B. A. 1978 Baylor University School of Law J.D. l980 Durham University, England post-graduate study 1981 Current Professional Activities Associate General Counsel, Litigation, Acelity L.P. Inc. 2013 – present Visiting Judge sitting by special assignment to appellate and trial courts 2013 – present Adjunct Professor, St. Mary’s University School of Law 1994 – present Former Employment Justice, Fourth Court of Appeals 2005 – 2012 Judge, 408th District Court of Bexar County Texas 2003 –2005 Akin Gump Strauss Hauer & Feld LLP 1992 –2003 Cox & Smith Incorporated 1983 – 1992 Briefing Attorney, Texas Supreme Court l980 – 1981 Specially Commissioned as Texas Supreme Court Justice to hear a designated case in 2005 Awards and Recognition Notes & Comments Editor, Baylor Law Journal Recipient of Rotary International Fellowship Pro-Bono Lawyer of the Year 1987 State Bar of Texas Presidential Citation 2004 Austin College Alumni of the Year 2006 Honorary San Antonio Young Lawyer of the Year 2008 Interfaith Dialogue Community Justice Award 2010 Lumen Gentium Award, Archdiocese of San Antonio 2013 Winning Women of Texas 2014, Texas Lawyer Lee Cusenbury Ethical Life Award 2014, Association Corporate Counsel San Antonio Activities Chair, Texas Judicial Committee on Information and Technology 2009 – present Council Member, Texas State Bar Litigation Section 2014 – present Director, State Bar of Texas District 10, place 1 Member, National Association of Defense Counsel 2014 – present Member, State Bar of Texas Pattern Jury Charge Committee 2005 – present Member, State Bar of Texas Rules Committee 2006 – 2015 Board Member Texas Judicial Foundation 2014 – 2017 Former President, San Antonio Bar Association 2013 – 2014 Former Chair, Texas Bar Foundation with an endowment of over $20,000,000 Former President of the Bexar County Women’s Bar Association 2006 Former Chair of the William S. Sessions American Inns of Court 2008 Nominations Committee State Bar of Texas Judicial Section 2010 – 2012 Curriculum Committee, Texas Center for the Judiciary 2008 –2010 Co-Director, State Bar of Texas Advanced Personal Injury CLE course 2012 Committee Member, State Bar of Texas Advanced Civil Trial CLE course 2013, 2014 Trustee, Austin College 2012 – present Speaker and Author Speaker on numerous subjects; recent topics include: Maintaining Client Confidentiality in the Digital Era: Advanced Civil Appellate Course 2015 E-Filing Update 2015: E-Filing, E-Service, and Access; What’s on the Horizon? Advanced Personal Injury Course 2015 Law Office Security in the Cloud: Technology and File Management, Essentials for the General Practitioner Course 2014 Technology and File Management: Best Practices for Reducing, Managing and Storing Your “Paper”, UTCLE, 48th Annual William W. Gibson, Jr. Mortgage Lending Institute 2014 Hot Cases and Emerging Law: Spoliation in Texas, UTCLE; 38th Annual Page Keeton Civil Litigation Conference 2014 E-Filing and E-Service: Tips, Traps, and the TRCP: Advanced Civil Trial Course 2014 Vanishing Documents and Emerging Law: Spoliation in Texas UTCLE State and Federal Appeals 2013 Tech Tips for Real Estate Practitioners: Advanced Real Estate Course 2013 E-Filing Update; Advanced Civil Trial 2013 Traveling in the Cloud; Advanced Personal Injury Course 2012 Plea to the Jurisdiction; Advanced Personal Injury Course 2011 Judicial Recusal; Advanced Personal Injury Course 2010 E-Filing and Technology; Bexar County Women’s Bar Association 2011 E-Filing and Apps for the I-Pad; Winter Judicial Conference 2012 Cloud Security, San Antonio Appellate Section 2012 Panel Discussion on Appellate Practice; Advanced Appellate Conference 2010 and 2012 Author of several articles in the San Antonio Lawyer magazine, various papers for continuing legal education seminars and the following law journal articles: Section 3 and Liability for the Condition and Use of Real Property Under the Texas Tort Claims Act, 31 Baylor Law Review 506 (1979). The Enhancement of Anticompetitive Activity through Group Purchasing Organizations: A Case Study. 17 Antitrust Healthcare Chronicle 1, Spring 2003. Exploring Grounds for Attorney Disqualification and Deciphering Exacting Standards, 37 ST. MARY’S L.J. 1009 (Spring 2006). Plea to the Jurisdiction: Defining the Undefined, 40 St. Mary’s L.J. 627 (Spring 2009). Texas’s Spoliation “Presumption”, 43 ST. MARY’S L.J. 691 (Spring 2012) Personal Teacher of 6th grade CCD at Our Lady of Grace Parish Married to Richard Clemons and mother of 3 children Hobbies include: running, gardening and cooking Monica J. Lerma Senior Corporate Counsel—Employment iHeartMedia 200 East Basse San Antonio, Texas 78209 210.832.3503 [email protected] Monica J. Lerma has been practicing law for 15 years. Ms. Lerma is Senior Employment Counsel with iHeartMedia—a leading global media and entertainment company specializing in radio, digital, out-of-home, mobile and on-demand entertainment and information services for national audiences and local communities. Prior to joining iHeartMedia, Ms. Lerma was Senior Counsel at Schmoyer Reinhard LLP and also counsel in the San Antonio litigation section of the international law firm of Akin Gump Strauss Hauer & Feld LLP. While at Boston University School of Law, Ms. Lerma was a note editor for the Public Interest Law Journal, a finalist in the Homer Albers Prize Moot Court Competition and a semifinalist in the National Moot Court Competition. Ms. Lerma also coached Boston University’s Hispanic National Bar Association Moot Court Team. EDUCATION Bachelor in Business Administration, University of Texas at El Paso, 1997 J.D., Boston University School of Law, 2000 BAR ADMISSIONS State Bar of Texas Board Certified-Labor and Employment Law COMMUNITY INVOLVEMENT CASA Advocate-2015 Big Sister, Big Brothers Big Sisters of America-2015 Past Board Chair for the Rape Crisis Center (2008-2015) Past Director (2010 - 2012) and Member, Bexar County Women's Bar Association Co-Chair, 2012 Bexar County Women’s Autumn Affair Member, Association of Corporate Counsel Member, San Antonio Bar Association PROFESSIONAL RECOGNITIONS Outstanding Young Lawyer of San Antonio-2011 San Antonio’s bester labor and employment lawyers by S.A. Scene Magazine-2011-2013 Texas “Rising Star”-2012, 2013 Member, Class XXXIII of Leadership San Antonio sponsored by the Greater San Antonio Chamber of Commerce/San Antonio Hispanic Chamber of Commerce Steven S. McNew Steven S. McNew Managing Director and Global Strategic Market Development Steven McNew is a Managing Director and Global Strategic Market Leader Development Leader. He brings over 26 years of experience as a strategic Navigant Consulting (PI) LLC ** advisor to corporations and law firms in matters that span e‐discovery, 909 Fannin, Suite 1900 forensics, data breach/cyber security, custom application development, Houston, Texas 77010 Cell: 936-232-9994 predictive coding/Technology Assisted Review (TAR), discovery Tel: 713-646-5015 management, and all phases of information lifecycle management. Fax: 713-646-5001 [email protected] As Global Strategic Market Development Leader, Mr. McNew is Professional History accountable for identifying opportunities, crafting go‐to‐market Flex Discovery Solutions approaches, innovating strategies, and leading initiatives to support the 2009-2010 growth of the global practice. Steve directly oversees 30 market‐facing Huron Consulting Group professionals in the US, Europe, and Asia. This role is an ever‐present 2008-2009 LIT Group, Inc. challenge to utilize sound judgment and pragmatic analysis to ensure that 1998-2008 Navigant’s global development initiatives are successfully executed with IKON Document Services, Inc. measurable outcomes. 1996-1998 Quorum Litigation Services Prior to joining Navigant, Mr. McNew served as president and founder to 1994-1996 Arthur Anderson several information management firms where he was responsible for fiscal, 1987-1994 operational and strategic initiatives. He also served as a Managing Director Education in the Legal Consulting practice for an international consulting firm, Northern Kentucky University, responsible for leading discovery services within San Francisco and Business Management Houston markets. Earlier in his career, Mr. McNew worked as a Senior Professional Certification Manager for a “Big Six” international accounting firm where he was Registered Private Investigator in the State of Texas recruited to help build the Houston and Cincinnati Technology Centers. Professional Associations Board of Directors, Development He has written numerous articles and has spoken at various events over Committee & Advisory Board Member, Child Advocates, Inc. the years. He has been a featured writer and speaker on topics such as e‐ Founder, “Cook-Off for Kids” Discovery, predictive coding, litigation readiness, ESI workflow, data Founder, Help Everlasting collection, technology and alternative fee arrangements. International Member, Houston World Affairs Council Mr. McNew is credited with authoring a patent on enterprise search and Member, Turnaround Management data collection software.
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