Procrastinators' Programs on December 12, 2019


NOBA Presents "Plantiff Attorney/E-Discovery Day"
Thursday, December 12, 2019
All Day or By the Hour

Earn 7 hours of CLE including 1 hour of Ethics and 1 hour of Professionalism

Conveniently located at the Pan Am Building, 11th Floor Auditorium, 601 Poydras Street

Discounted CLE rates for NOBA Members! Not a member? CLICK HERE to join.

4 Easy Ways To Register!

1.  Call the NOBA Office at (504) 525-7453 

2.  Email Briana Nelms 

3.  Download the Procrastinators' Programs Registration Form

4.  Register for the full day directly online. Pre-Registration is closed, walk-ins are welcome.
     (Please note: There is a 3% fee for all credit card transactions. We take everything but American Express.)


View CLE Registration Fees



8:30 am - 9:00 am   

Registration Opens


9:00 am - 10:00 am

Ethics of Lawyer Advertising



Richard Lemmler, Jr., Esq., Ethics Counsel at the LSBA

10:10 am - 11:10 am

Perils of the Sea: Basics of Maritime Injury Law


Joseph B, Marino, III, The Young Firm
Ian F. Taylor, Lewis, Kullman, Sterbcow & Abramson, LLC

11:20 am - 12:20 pm

Spycraft: How to Surveil and How Not to Surveil



Jeff D. Peuler, SBSB Law
Jeffrey P. Green, Ron Austin & Associates

12:20 pm - 1:20 pm

Lunch on Your Own


1:20 pm - 2:20 pm

Mobile to Mainstream
It’s taken barely 10 years for mobile data to unseat e-mail as the Holy Grail of probative electronic evidence. Mobile is where evidence lives now; yet, mobile data remains “off the table” in discovery (e.g., is infrequently preserved, searched or produced). Since mobile evidence is (i) relevant, unique, and material, (ii) reasonably accessible, and (iii) not burdensome to preserve, this is inexcusable.  Craig Ball will explore how you can fulfill your obligations to preserve and produce mobile evidence efficiently and cost effectively.  


Craig Ball, PC, Attorney at Law

2:30 pm - 3:30 pm

E-Discovery from the Plaintiff's View
Electronic discovery and case/document management issues are encountered by all attorneys, but plaintiff lawyers deal with particular challenges. eDiscovery, especially in large civil cases,  has traditionally been asynchronous with defendants managing large document productions with accompanying privilege logs and plaintiffs have having less significant document production or privilege concerns. But Plaintiff firms are not without eDiscovery frustrations as large defendant productions need to be reviewed and plaintiffs must contend with lack robust  internal litigation support infrastructure, large productions which may overwhelm their staff and significant cost constraints. Plaintiffs must also balance these considerations when they meet and confer with defense counsel to discuss forms of productions, especially regarding native files, as well as protocols for using predictive coding or AI software, sampling agreements and cost shifting arguments. But while Plaintiffs may not have extremely large data sets, they may data types that present problems.  The increased prevalence of social media as a communications tool present specific preservation and production issues that Plaintiff’s may need to address as does the area of collecting data from cell phones which is intertwined with storing information in the cloud. As Chief Justice Roberts noted 5 years ago in Riley v California, “Today, it is no exaggeration to say that many of the more than 90% of American adults who own a cell phone keep on their person a digital record of nearly every aspect of their lives—from the mundane to the intimate.” Much of that may be relevant in a lawsuit. So when all is said and done, trial attorneys handling plaintiff and contingency cases very often need to get more done with less and this session will examine how to do that.


Stephen J. Herman, Herman, Herman & Katz, LLP

3:40 pm - 4:40 pm

Authentication of Social Media Evidence: A New Twist on the Old Rules

Social Media has become a hotbed of potential evidence in many cases over the past several years, especially in the areas of personal injury, family law, criminal law, labor law and Workman’s Compensation. How can attorneys best access this invaluable data? Must one preserve the social media sites where the data resides and what about private data versus public data? Then, once collected, how do you get the information into evidence?  How do the Federal Rules of Evidence apply to social media in contrast to state law when introducing social media as evidence? Don’t miss this session on one of the most exciting areas of the law and come away with good, practical knowledge on how you can capitalize on this potential evidence for your next case.


Tom O’Connor, Gulf Coast Legal Technology Center
Gayle O’Connor, Gulf Coast Legal Technology Center

4:50 pm - 5:50 pm

Professionalism: Common Problems for Litigators in E-Discovery

Problems always seem to arise in eDiscovery matters. It’s an open question as to whether they are due to lack of expertise, laziness or a lack of full attention to detail, but regardless of the cause it is a given that eDiscovery issues create problems. The professionalism aspect comes in deciding how to deal with the problems. We can argue with opposing counsel end even fire off motions to compel but that’s not the way were supposed to handle things in this District. So how do you work with your opponent in order to ensure that you are being cooperative and professional while at the same time not impeding your preparation or even prejudicing your clients case?

This session will look at some of these common eDiscovery problem areas and discuss how to handle them:

1.   Collection issues with cell phones, IM and social media

2.   Protocol exchange issues: TIFF vs Native Files

3.   Missing documents: how to highlight documents that should be in a production but aren’t

4.   Delayed data productions: case scheduling conflicts, especially in a rocket docket

5.   Privacy issues: how to deal with PII in a production

6.   Technology training: where do I learn all this stuff?


Christopher K. Ralston, Phelps Dunbar LLP

CLE Registration Fees

The Procrastinators' Programs (sm) offers 7 Hours of CLE including 1 hour of Ethics and Professionalism. 

Registration Options NOBA Member Discount Non Member Rate

Full day registration 

$250.00    $370.00
Per hour registration $40.00   

The New Orleans Bar Association will accept written requests for a refund of registration fees, but a $20 administrative fee will be assessed. All cancellations must be received two full days prior to the CLE in order to be eligible for a refund. No refunds for no shows.

Special thanks to Tom O'Connor and Cayce Peterson.