SYMPOSIUM ON THE CHALLENGES OF ELECTRONIC EVIDENCEWord文档下载推荐.docx

1、Prof. Daniel J. Capra, ReporterCHAIRHon. Sidney A. FitzwaterPANELISTSPeter Pitegoff, DeanHon. Jeffrey S. SuttonHon. Paul GrimmHon. John A. Woodcock, Jr.Gregory P. Joseph, Esq.John Haried, Esq.Richard W. Vorder Bruegge, FBIProf. Jeffrey BellinPaul Shechtman, Esq.Prof. Deirdre M. SmithHon. Shira A. Sc

2、heindlinDavid Shonka, Esq.Daniel Gelb, Esq.Andrew Goldsmith, Esq.George Paul, Esq.Paul Lippe, Esq.I. OPENING REMARKS JUDGE FITZWATER: Good morning, everyone. On behalf of Judge Jeffrey S. Sutton, and the members of the Committee on Rules of Practice and Procedure of the Judicial Conference of the Un

3、ited States, my colleagues on the Advisory Committee on Evidence Rules, and our Committee Reporter, Professor Dan Capra, welcome to the Symposium on the Challenges of Electronic Evidence.We are indebted to the University of Maine School of Law for its willingness to host this symposium, not once, bu

4、t twice, because we were scheduled to hold the symposium last October before the government shutdown caused it to be cancelled. I want to particularly thank Dean Peter Pitegoff and Professor Deirdre M. Smith for making the symposium possible and for the warm welcome our committee has received. I als

5、o want to thank our colleague on the Evidence Committee, Chief Judge John A. Woodcock of the District of Maine for his gracious hand in ensuring a successful symposium and meeting of the Evidence Rules Committee.This is the third in a series of symposia that the Evidence Rules Committee has convened

6、. In 2011, we held a symposium at the William & Mary Marshall-Wythe College of Law on the then-newly-adopted Restyled Rules of Evidence.The underlying purposes of that symposium included enhancing understanding of the restyled rules by exploring the painstaking process by which they were formulated

7、and identifying evidence rules issues that remain to be resolved even after restyling.In 2012, we convened a symposium at the Charleston School of Law, devoted to a single rule of evidence-Rule 502, a Rule of Evidence adopted by Act of Congress at the request of the Judicial Conference of the United

8、 States-to discuss ways in which that rule could be better known and understood so that it could fulfill its original, salutary purposes.At todays symposium, we are proceeding from that more narrow examination of one Rule of Evidence to a considerably broader conversation about a subject that is as

9、wide-ranging and seemingly limitless as the digital world of today. We are considering the challenges that electronic evidence poses to the Rules of Evidence.In a real sense, we are asking ourselves whether rules that have been thoughtfully developed over time-some over a very long period of time-to

10、 ensure that every proceeding is administered fairly, without unjustifiable expense and delay, to ascertain the truth and secure a just determination, have continuing vitality when measured against how people speak, act, and think in an electronic world.We are fortunate indeed to have drawn again fr

11、om the best and the brightest to participate as panelists in this symposium. They represent a truly distinguished group of judges, lawyers, and scholars.As I have said of our prior panelists, they are distinguished, not merely because they are accomplished individuals, but because they have expertis

12、e and extensive experience addressing the issues that appear to be most *1165 pertinent to the bench, to the bar, and the academy-indeed, to the purposes for convening this symposium.By convening this symposium-and by arranging for these proceedings to be added to the legal literature through public

13、ation in the Fordham Law Review- the Advisory Committee on Evidence Rules is attempting to anticipate and address proactively technological changes that seem almost certain to increase in speed and complexity.To paraphrase Winston Churchill, this is not the end of this process. It is not even the be

14、ginning of the end. But it is, perhaps, the end of the beginning.We are fortunate to have assembled a group of noted judges, practitioners, and academicians to assist in this worthy goal. I welcome you all to this Symposium on the Challenges of Electronic Evidence.And we are fortunate to have with u

15、s today one of our hosts, Dean Peter Pitegoff. Dean.DEAN PITEGOFF: Thank you, Judge Fitzwater, and thank you all for coming. Im Dean of the University of Maine School of Law. And on behalf of the law school, let me say how pleased we are to host the annual meeting of the Advisory Committee on Eviden

16、ce Rules and the Symposium on the Challenges of Electronic Evidence.Were particularly honored to welcome such a distinguished group of judges, lawyers, and scholars, as Judge Fitzwater said.And Id like to give a personal thanks to Judge John Woodcock, Chief Judge of the U.S. District Court here in M

17、aine, for arranging to hold this meeting at the University of Maine School of Law. University of Maine School of Law is the public law school of Maine, the only law school of Maine. And we take seriously our mission to serve the public and to promote justice in Maine and beyond. This event today res

18、onates so well with that mission, bringing expert voices to Maine from throughout the nation.Id like to give further thanks, of course, to Professor Dan Capra, Fordham University School of Law, as the organizer of the symposium.And to my Maine Law colleague, Professor Deirdre Smith of the University

19、 of Maine School of Law, for her participation in the symposium and for representing the law school in the planning process.I look forward to a robust discussion of very, very timely and pressing issues today. And again, welcome.II. INTRODUCTION OF THE PANELISTSPROFESSOR CAPRA: Thank you, Dean. Im D

20、an Capra. Im going to be the moderator today. So the first order of business is to introduce the panelists. And Im going in alphabetical order. Jeff Bellin is an associate professor at William & Mary Law School, where he teaches evidence, criminal procedure, and related seminars. He clerked for Judg

21、e Garland, U.S. Court of Appeals for the D.C. Circuit, served as a prosecutor with the *1166 U.S. Attorneys Office in Washington, D.C., and practiced with Latham & Watkins.And he is, I think its fair to state, the foremost scholar on the topic of electronic evidence. His article on “Present Sense Im

22、pressions” FN1 impressed Judge Fitzwater to such an extent that he decided it would be a good idea to hold this conference.Daniel Gelb is a partner at Gelb & Gelb LLP in Boston. He represents clients in general and white collar criminal defense matters, complex civil litigation, and arbitrations. An

23、d prior to joining Gelb & Gelb, he was an ADA for the Norfolk County District Attorneys Office in Massachusetts. Hes a frequent speaker and author on electronic discovery. And he works closely with the Sedona Conference.Andrew Goldsmith is the Justice Departments National Criminal Discovery Coordina

24、tor. In this role, he oversees a wide range of national initiatives designed to provide federal prosecutors with training and resources related to criminal discovery, including electronic discovery. Hes published a number of articles in the area.We are very lucky to have Paul Grimm on our panel. Jud

25、ge Paul Grimm serves as the District Judge for the United States District Court for the District of Maryland. Hes a member of the Advisory Committee for the Federal Rules of Civil Procedure, chairs the Advisory Committees Discovery Subcommittee, which means he is a busy man these days.His opinions o

26、n electronic discovery and electronic evidence have been widely influential. And he teaches courses on evidence and discovery at University of Baltimore School of Law and University of Maryland School of Law.John Haried is the Criminal Discovery Coordinator for the Executive Office of United States

27、Attorneys in the Department of Justice, where he coordinates discovery policy and training for the Departments United States Attorneys. And hes helped develop the New Recommendations for ESI Discovery in federal criminal cases. He frequently lectures on e-discovery, electronic information management

28、, and the privacy of electronic communications.Greg Joseph is a past president of both the American College of Trial Lawyers and the ABA Section of Litigation. He was a charter member of the Advisory Committee on Evidence back in 1993 when it got reconstituted pursuant to Judge Beckers article and d

29、irection.We are honored to have two charter members of the committee sitting right here, Greg and Ken Broun.Greg was cochair of the Third Circuit Task Force on Selection of Class Counsel. Hes the president of the U.S. Supreme Court Historical Society, and a founder of Joseph Hage Aaronson, a law fir

30、m with offices in New York and London. And hes the author of Modern Visual Evidence. FN2 *1167 Paul Lippe is CEO of OnRamp Systems, the leader in legal department platforms to improve quality and efficiency and reduce costs of legal work. He was at various times general counsel and senior vice presi

31、dent, business development and corporate marketing at Synopsys, an electronic design automation company.Also, Paul was CEO of Stanford SKOLAR, a medical digital library. And he speaks regularly about the new normal in law. He will be our closing speaker today.George Paul is an experienced business litigator and partner in the