Topic for Seminar:

“Electronic Evidence”

By;

Steven C. Bennett Jones Day – New York

[email protected]

(NYCFE & SPI – 2012)

Outline of Topic:

1)      Why ESI is different

2)      Threshold issues

3)      Relevance

4)      Authenticity

5)      Best evidence

6)      Hearsay

7)      More prejudicial than probative

Dear Ladies & Gentlemen:

There will be a general meeting at Trattoria Dopo Teatro on September 20, 2012 starting at 6:00 P.M. 1 CPE Credit will be awarded.

Our guest speaker will be:

Attorney Steven C. Bennett

Trattoria Dopo Teatro

FULL Dinner

(including FREE Wine, Beer & Soda & hors d'oeuvres)

NY CHAPTER MEMBERS $55.00

NON-MEMBERS $65.00

6:00 p.m. – 8:00 p.m.

PAYMENT & REGISTRATION THROUGH THE NYCFE.ORG WEBSITE

OR AT THE DOOR BY CASH OR CHECK

SEATING IS LIMITED

Bio for Attorney Steve Bennett

Steve Bennett's practice at Jones Day focuses on domestic and international commercial litigation and arbitration, including cases involving bankruptcy, construction, corporate, energy, insurance, intellectual property, privacy and data security, and other disputes.

Steve is chair of the Firm's e-Discovery Committee and an active member of the Firm's construction practice team. He co-founded the Sedona Conference Working Group on International E-Discovery. He teaches a course on conflicts of law at Hofstra Law School and a course on e-discovery at New York Law School. He is a qualified arbitrator for the American Arbitration Association and the CPR Institute. Steve serves as hearing officer pursuant to the consent decree in the Civil RICO case of United States v. Local 14-14B, IUOE (E.D.N.Y.) and served two terms as election officer in the case of United States v. District Council of Carpenters (S.D.N.Y.). He taught arbitration law at Brooklyn Law School for nine years.

Steve regularly speaks to a wide array of groups for CLE and other purposes. He has written more than 150 articles on a variety of topics. His book, Arbitration: Essential Concepts (ALM) was published in 2002. His book, A Privacy Primer for Corporate Counsel (Aspatore/West) was published in 2009.  His book (with Chris Lopata), Line By Line Settlement Agreements (Aspatore/West) will be published in 2012.

Steve's column, "Computer Law," has appeared in the New York State Bar Association Journal since 2009. He blogs occasionally in the "Thinkernet" series at InternetEvolution.com and at NLJ.com.

EXPERIENCE

Hostess Brands commences bankruptcy proceedings Jones Day represents Hostess Brands Inc. and its five affiliates in chapter 11 cases filed on January 11, 2012 in the United States Bankruptcy Court for the Southern District of New York.

Chemtura plan confirmed and bondholders take majority equity stake in reorganized company Jones Day successfully represented an ad hoc committee of bondholders in the Chemtura bankruptcy case, prevailing in a heavily-contested confirmation trial before Bankruptcy Judge Robert Gerber in the Southern District of New York.

Sempra Energy affiliate successfully completes new LNG facility and resolves all contractor claims under EPC contract Jones Day represented a Sempra Energy affiliate, the owner of a recently completed liquefied natural gas regasification facility in Louisiana, in arbitration proceedings with the EPC contractor, Aker Kvaerner/IHI.

Chrysler sold to Fiat-led "New Chrysler" after historic court proceedings After a historic battle all the way to the United States Supreme Court, Chrysler LLC sold substantially all of its assets to Fiat-led "New Chrysler" (Chrysler Group LLC) on June 10, 2009, providing the opportunity for its iconic brands and U.S. operations to survive.

Financial Guaranty Insurance Company brings fraud claims against IKB in connection with US$1.875 billion liquidity support transaction Jones Day represented Financial Guaranty Insurance Company ("FGIC") in an action in New York State Supreme Court against IKB and its affiliates (the "Havenrock Action").

AEP receives $263 million settlement after prevailing on breach of 20-year power contract claim Jones Day represented American Electric Power Company, Inc. (AEP) on competing breach of contract claims.

Davis Petroleum obtains summary judgment against former shareholders' action seeking revocation in reorganization Jones Day defended the reorganized debtors Davis Petroleum Co. in an adversary proceeding brought by a former shareholder seeking revocation of the confirmed prepackaged reorganization plan under section 1144 of the Bankruptcy Code; obtained dismissal on summary judgment.

Conscorcio G. Grupo Dina achieves dismissal of claim for breach of Mexican indenture On behalf of Conscorcio G. Grupo Dina, S.A., Jones Day obtained dismissal of a claim for breach of Mexican indenture.

Client's life savings returned after being wrongfully disbursed by her bank via unauthorized wire transfers Jones Day's New York Office won a motion for summary judgment for its client, Dorothey C. Iwuji, against North Fork Bank.

Gerhard Schubert GmbH wins partial summary judgment in suit for breach of international machinery supply contract Jones Day represented Gerhard Schubert GmbH in litigation claiming breach of an international machinery supply contract.

Orbit defends against breach of contract litigation involving New Jersey land development Jones Day represents Orbit Newark Development LLC ("Orbit") in an action for rescission of certain land in Newark, NJ sold by the New Newark Foundation ("NNF") to Orbit under a Contract of Sale.

Tower Automotive retired employees reach settlement with company Jones Day represented the official committee of retired employees of Tower Automotive and its constituents in the Tower Automotive (Tower) chapter 11 cases in connection with the efforts of Tower to modify the health and welfare benefits of its nonunion retirees pursuant to section 1114 of the Bankruptcy Code.

European Metal Recycling obtains dismissal of shareholder derivative action Jones Day represented European Metal Recycling, Ltd. ("EMR"), in a derivative action brought by a shareholder of Metal Management, Inc. ("MMI") alleging that EMR and a co-defendant violated Section 16(b) of the Exchange Act by acting as a Section 13D group and engaging in short-swing transactions, thereby subjecting the profits from those transactions to disgorgement in favor of the company.

Nextel defends against arbitration by cell phone service distributor alleging breach of contract Jones Day represented Nextel Communications, Inc., (now Sprint Nextel) in arbitration and subsequent litigation brought by a distributor of cell phone service alleging breach of contract.

Cablevision Systems defends against litigation involving breach of buy-out agreement On behalf of Rainbow DBS Holdings, Inc., a unit of Cablevision Systems Corporation, Jones Day defended against an action for breach of a buy-out agreement.

Dollar Thrifty wins motion to transfer venue in suit for breach of dealership agreement On behalf of Dollar Thrifty Automotive Group, Inc., Jones Day's motion to transfer venue was granted in an action for breach of dealership agreement.

Nextel obtains dismissal in breach of contract action On behalf of Nextel Communications, Inc. (now Sprint Nextel), Jones Day obtained dismissal of an action for contract breach, on grounds of arbitration agreement.

R.J. Reynolds obtains dismissal of hospitals' claims seeking to recover health care costs In state trial court in New York, Jones Day obtained dismissal of the hospitals' claims against R.J. Reynolds Tobacco Company, seeking to recover the unreimbursed costs of providing health care to smokers, on the ground that such claims are too remote as a matter of law.

Endesa wins dismissal of proceeding on grounds of international abstention Jones Day represented Spanish company Endesa, S.A. in an adversary proceeding that was dismissed on grounds of international abstention.

IBM pursues litigation for coverage of defense costs and indemnity for toxic tort claims Jones Day successfully represented International Business Machines Corporation in an insurance coverage case against Liberty Mutual and Zurich Insurance Company for coverage of defense costs and indemnity in connection with toxic tort claims asserted against it.