When the Plaintiff’s Digital Story Breaks: Exposing Gaps in Modern ESI, Part I

Oklahoma Paralegal Association

Modern discovery misconduct rarely announces itself as a single missing file. It appears as an incomplete Slack export, an unexplained retention setting, a selective custodian list, a date-range gap, or a production stripped of the context needed to test the plaintiff’s allegations.
Using Breaking Code Silence v. McNamara as a case study, this program follows the defense team’s effort to compare the plaintiff’s accusations with the digital record. The electronically stored information (ESI) process exposed gaps in preservation, collection, platform coverage, and production that became intertwined with the merits.
Part I gives paralegals a disciplined method for tracing collaboration-platform evidence from source identification through preservation, collection, validation, review, and production—without treating a plaintiff’s completeness assurance as the end of the inquiry.

Session Agenda: September-2026-Lunch-and-Learn-Flyer.pdf

Learning Objectives:

• It gives paralegals a practical method for testing the digital record behind a plaintiff’s allegations.
• It connects everyday litigation-support work to defensible preservation, collection, validation, review, and
production decisions.
• Paralegals learn to create an audit trail that allows supervising counsel to demand a cure, seek targeted discovery, or prepare for escalation.

CLE Hours = 1 Substantive