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Duty to Preserve, but How?

In the realm of legal discovery, there is a duty to preserve data potentially relevant to litigation—something all too familiar to digital forensic practitioners who use forensic collection tools and techniques to preserve that data to ensure its later available when discovery obligations emerge.

However, there can be issues that impact both the ability and success of these procedures, and the duty to preserve extends well beyond files on a computer or email. Emerging data sources with limited collection options and ephemeral design can significantly impact the ability to preserve these sources in a manner consistent with the obligations of legal preservation.

In this webinar, we’ll discuss current trends around legal discovery, including hot button issues like changes made with iOS 16, and will demonstrate how tools like Magnet AXIOM Cyber can help satisfy your client’s duty to preserve.

Speaker Biographies

Bobby Malhotra, Munger, Tolles & Olson, eDiscovery & Information Governance Practice Leader

His practice primarily focuses on navigating complex eDiscovery issues in high-stakes litigation and investigations using unique combinations of both technical knowledge and legal experience. As a member of the firm’s litigation practice group, Mr. Malhotra develops innovative, cost-effective and defensible strategies for the preservation, collection, review and production of electronically stored information. He regularly advises clients on issues related to eDiscovery preparedness, planning and execution, as well as information privacy and data security. Mr. Malhotra’s extensive experience includes counseling the firm’s financial institution clients on the unique eDiscovery challenges they face in high-exposure matters, as well as leading training on eDiscovery platforms and workflows, and providing advice on eDiscovery vendor management and budgeting. Mr. Malhotra also serves as a trusted eDiscovery advisor to some of the firm’s largest financial and technology sector clients. In this role, he provides counseling and guidance in connection with legally defensible and standardized company-wide discovery practices.

Mr. Malhotra is a globally recognized thought leader on the application of artificial intelligence and analytics to the practice of law and was nominated for Relativity and Text IQ’s “AI Catalyst Award” in 2021. Mr. Malhotra is also a frequent speaker and author on eDiscovery, information governance, data security and other legal technology topics. In 2018, he was quoted in a Legaltech News story about eDiscovery in a lawsuit filed by the Democratic National Committee alleging a conspiracy to interfere in the 2016 election. He was also quoted in a 2018 ABA Journal article about contentious political issues tied to eDiscovery disputes. In 2021, he discussed the myriad of complex eDiscovery issues associated with the investigation into Donald Trump’s tax filings in ALM’s Business Crimes Bulletin and Cybersecurity Law & Strategy Newsletter.

Prior to joining Munger Tolles, Mr. Malhotra worked as a senior discovery consultant for multiple top-tier eDiscovery service providers. He also has nearly five years of experience in network engineering, technology consulting and computer programming. During this time, Mr. Malhotra worked on large-scale network infrastructure projects, including several multi-million dollar engagements for Fortune 500 clients where he focused on Cisco and Microsoft operating system administration issues. A true “techno lawyer,” Mr. Malhotra’s technology experience dates back to his first job in college building and configuring application and file servers using Novell NetWare and Windows NT Operating Systems.

Mr. Malhotra is a member of the International Legal Technology Association, American Bar Association: Section of Litigation and Sedona Conference Working Group on Electronic Document Retention and Production. He has multiple computer certifications, including the CompTIA A+ computer hardware certification.

In addition to his law practice, Mr. Malhotra is very active in community projects and bar organizations that promote public interest initiatives. In 2019, Mr. Malhotra was sworn in as co-president of the South Asian Bar Association of Southern California (SABA-SC) Public Interest Foundation board of directors for 2019-20. In this role, he will help to oversee the foundation, which serves as the non-profit affiliate of SABA-SC with the goal of organizing, supporting and promoting public interest activities for the benefit of the South Asian and Southern California community at large. He is also an active member of the firm’s Los Angeles Food from the Bar Campaign. Food from the Bar is a four-week campaign held in the spring in which law firms and legal offices engage in friendly competition to raise funds, donate food and volunteer at local foodbanks.

Mr. Malhotra received his J.D. from DePaul University College of Law and a B.S., cum laude, in telecommunications from DeVry Institute of Technology. He is admitted to the California and Illinois bars.

Joseph Pochron, Digital Forensics & Insider Threat Lead-West Region | Forensic & Integrity Services, Ernst & Young LLP

Joe Pochron is the west region’s digital forensic and insider threat lead for EY’s Forensic & Integrity Service Practice, based in San Francisco, CA. Joe’s expertise is in digital forensics, insider threats, and helping EY clients on complex cyber investigations and cyber incidents response needs.

Joe has over 20 years of combined experience in digital forensics, cybercrime investigations, eDiscovery, and cyber incident response. During that time, he has investigated or managed thousands of cases involving the collection and analysis of computer, mobile device, network, and cloud-based data.

Joe has testified numerous times in local, state, and federal legal matters as a digital forensic expert. Additionally, he frequently provides expert affidavits, or expert forensic reports for clients in support of digital forensic analysis or cyber investigative needs.

Joe routinely consults with clients regarding digital forensics, insider threats, data privacy, incident response and electronic discovery matters. He has managed the preservation, analysis, and review of electronically stored information in a wide range of matters including investigations, independent litigation, regulatory compliance and internal inquiries.

Joe is a frequent speaker at technical or legal conferences. Additionally, he has been an educator for many industry professionals, serving as an adjunct professor at the university level for many years, teaching courses on digital forensics and cybercrime.

Nick Torrecillas, Director, Product Management, Magnet Forensics

Nick Torrecillas is an experienced eDiscovery, Forensic, and Information Governance professional with 19+ years of delivering products and services to enterprise customers. As a director in Magnet Forensics’ product management team, Nick’s focus is enabling eDiscovery use cases and innovative discovery strategies across existing and new products.


After viewing this webinar you will be issued a certificate by email documenting that you have taken part in the session. 

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