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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Class Action and Other Litigation

Date & Time
  • event Date

    Thursday, January 14, 2021

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will provide counsel with guidelines for dealing with three recurring "mistakes" or missteps that occur during discovery and production of documents, review the surprising nuances and limits of computing and extending time under Federal Rule 6, and point out strategies for proving excusable neglect.

Faculty

Alison A. Grounds
Partner
Troutman Pepper Locke LLP

Ms. Grounds is a partner at Troutman Pepper based in Atlanta and is the founder and Managing Director of eMerge – a wholly owned subsidiary of the firm focused on providing clients with end-to-end, integrated discovery services. She serves a national discovery counsel for clients, ensuring for the effective, efficient, and proportional use of eDiscovery across matters. Ms. Grounds uses her trial experience to advocate on behalf of clients in courts across the country, takes and defends depositions related to eDiscovery issues, and leverages technology to help her clients find the facts necessary to resolve their legal matters. She is also an adjunct professor of eDiscovery and Legal Technology at Emory University School of Law and is nationally ranked for her eDiscovery practice by Chambers and Partners. 

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Matthew J. Hamilton
Of Counsel
Morgan Lewis, LLP

Mr. Hamilton is a civil litigator and e-discovery counsel with over 24 years of experience representing clients in complex pharmaceutical products liability and commercial litigation, with an emphasis on the defense of federal multidistrict litigation, coordinated state court actions, class actions, and other complex matters. His practice encompasses all phases of e-discovery litigation, training and management of contract counsel, and alternative legal service providers. He is certified in legal project management and legal lean sigma, with a singular focus on client value.

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Melinda F. Levitt
Partner
Foley & Lardner LLP

Ms. Levitt’s practice focuses on complex commercial litigation, including the areas of antitrust, securities, intellectual property and class action defense work in matters pending before federal and state courts, as well as various federal agencies. She has developed particular experience in complex electronic discovery and obtaining discovery from companies abroad. She has also written extensively on the subject.

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Description

All law firms and all lawyers will inevitably make mistakes during discovery, especially when navigating increasingly large volumes of ESI. The key is proactive planning to avoid common pitfalls, and having a plan of action to respond to the client, opposing counsel, and the court when mistakes do occur.

During discovery, three common missteps are failing to preserve responsive evidence, failing to identify and produce responsive materials, and turning over confidential or proprietary information or documents, including client information, work product, or privileged information. The risk of these errors increases as the volume of information and variety of sources of information continues to exponentially expand while the deadlines for responding and producing are tight. When mistakes occur, counsel must assess the damage and determine the most appropriate response.

Listen as this experienced panel of litigators guides counsel through best strategies and solutions for preventing and managing discovery mishaps.

Outline

  1. Document production missteps
    1. Failure to preserve
    2. Failure to identify/produce
    3. Disclosure of confidential or privileged information or documents
    4. Redaction mistakes
  2. Preventing common missteps
    1. Involve the right stakeholders in the preservation & identification process
    2. Document the process from preservation through production
    3. Know your sources and case specific risks
    4. Do not overstate what you are doing/producing
    5. Use ESI Protocols & Rule 502(d) Orders to proactively plan and agree to terms
  3. Managing mistakes
    1. Assess the issue and identify solution
    2. Disclose and cure
    3. Case specific considerations

Benefits

The panel will review these and other important issues:

  • What should counsel consider when assessing the severity of the mistake?
  • What should be included in discovery FRCP 502 protective orders?
  • What facts need to be gathered before dealing with the "problem" outside the firm?
  • How should counsel balance the need for prompt notification with the need for a thorough assessment?
  • Should firms have written procedures in place?
  • When is it necessary to notify insurers?