Webinar Details

Preserving Electronically Stored Information: Why it Matters and How to Protect Yourself

Previously Recorded on September 20, 2017

In an increasingly electronic world, the types and scope of electronically stored information (“ESI”) continue to expand. Preserving ESI and understanding your company’s ESI obligations are critical in the claim and litigation process. The key piece of evidence that you need to defend your product is more and more likely to exist as ESI. But, perhaps just as importantly, preserving ESI and understanding your ESI obligations can also be the key to avoiding potentially disastrous adverse rulings in litigation that can limit or take away your ability to defend your company and your product at trial.

Participants in this webinar will learn:

  • What constitutes ESI, best practices for preserving it;
  • What your company’s obligations are with respect to ESI in the claim and litigation context; and
  • How U.S. courts deal with ESI and how your company’s failure to properly handle ESI could negatively impact your ability to defend your company and your product in litigation. 

This webinar is intended for in-house counsel of life sciences companies who manage the discovery process during products liability litigation.


Jason Waters is an experienced trial attorney who has defended product liability, toxic tort, and commercial cases throughout the United States. He has significant courtroom experience and is adept at handling complex, high-risk cases as well as managing large defense teams in prolonged litigation. Jason serves as deputy regional managing partner for Wilson Elser's Virginia office.

Jason has handled a broad range of complex product liability litigation. He has specific experience representing automotive and marine manufacturers and has defended a wide variety of consumer products. He also has handled numerous cases involving industrial products as well as specialty products.

In addition to his litigation practice, Jason has substantial experience managing the collection, review and production of electronically stored information. He is a member of The Sedona Conference, Working Group 1, which is a leading organization involved in developing principles, guidance, and best practice recommendations for, among other things, electronic discovery. 

Kathleen Warin concentrates her legal practice on complex civil litigation, including product liability, professional liability and commercial liability cases. Her professional liability work includes the defense of medical negligence cases. Kathleen is also experienced in handling high-profile product liability cases in state and federal courts nationwide, including products liability matters in the life sciences arena. Kathleen has served as national coordinating counsel for a nationwide series of medical device cases and monitoring counsel for a putative medical device class action.

In addition, Kathleen has defended class action cases in federal and state court and complex commercial tort cases. Kathleen has defended multiple cases in civil jury trials and has extensive experience in preparing and arguing motions in federal and state court. She has successfully represented clients at the appellate level in federal and state court.

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