Meet and Confer — Complying With Tougher Discovery Rules

Containing Costs, Reducing Risks and Avoiding Sanctions

Recording of a 90-minute CLE teleconference with Q&A


Conducted on Tuesday, January 13, 2009
Recorded event now available


The panel will review discovery requirements under the federal rules amendments and steps that counsel must take to plan and execute an effective and efficient meet and confer strategy.

Description

Understanding the people, processes and technology needed to prepare for the new meet and confer requirements is counsel's first challenge. Then, counsel must understand the complex issues of preserving, producing and cost shifting opportunities for electronically stored information.

The list goes on. Counsel must decide whether evidence is reasonably accessible and how much time and expense will be required to collect, restore, review and produce the information. All concerns related to preservation, costs, and burdens should also be addressed during the meet and confer.

Listen as our authoritative panel discusses the requirements under the amendments and steps that counsel must take to plan and execute an effective meet and confer strategy.

Outline

  1. Rules
    1. Rule 16
    2. Rule 26
    3. Rule 37
  2. Before litigation
    1. Gain familiarity with client’s IT system
    2. Review document retention policy
  3. Preparing for meet and confer
    1. Who are the players/custodians of information?
    2. Gather data
    3. Determine what outcome is desired
    4. Early identification and preservation issues
    5. Develop preservation plan (tailored to case)
    6. Develop collection plan
  4. During meet and confer — discussion topics
    1. Form of production
    2. Privilege
    3. Preservation orders
    4. Costs and cost shifting
    5. Parameters for reasonably accessible data
    6. Data production considerations
    7. Metadata
    8. Clawback agreements
  5. Best practices
    1. Documentation
    2. Communication
    3. Disclosures
    4. Cost containment

Benefits

The panel will review these and other key questions:

  • What are the discovery amendments that impact the meet and confer directly and indirectly?
  • What are the basic blocking and tackling steps that counsel must undertake leading into the meet and confer?
  • What strategies can counsel use to negotiate what is discoverable and who pays, including possible cost sharing and shifting?
  • What topics must be covered in the meet and confer and what must be reported to the court from that meeting?

Faculty

Todd L. Nunn, Partner
K&L Gates, Seattle

He is a member of the firm's E-Discovery Analysis and Technology Group (E-DAT) and advises clients on e-discovery issues, document preservation and discovery response planning.

Daniel T. Brown, Partner
Mayer Brown, Washington, D.C.

His practice concentrates on securities enforcement defense and litigation, white-collar criminal defense, class action litigation, and regulatory counseling, and handles electronic discovery issues.

Edwin M. Larkin, Partner
Winston & Strawn, New York

He is an experienced commercial litigator who concentrates on complex matters in a wide range of areas including securities fraud, antitrust, products liability, and breach of fiduciary duty. He also advises clients on document retention, electronic document policies and protocols, litigation hold policies and procedures, and production and review of electronically stored information.

Ordering

Online CLE - Audio Recording

Includes audio streaming of full program plus handouts (available 24 hours after live seminar).

CLE: Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*. Pre-approved for self-study credit in: AK, AZ, MO, MT, TX*, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)

Online CLE Audio $149.00
Available 24 hours after the live event

How does this work?


Recorded Event

Includes full event recording plus handouts (available after live seminar).

CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX*, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com. (*Indicates that Strafford needs to process the CLE — see below to purchase this option.)

MP3 Download (Audio Only) $49.00
Available 24 hours after the live event

How does this work?

CD $49.00 plus $9.45 S&H
Available ten business days after the live event

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

or call 1-800-926-7926

Can't Attend the Live Program?

CLE Credit

Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.

More Details >

or call 1-800-926-7926

Customer Reviews

The seminar featured very knowledgeable presenters on an extremely important topic.

Kenneth Mathieu

FTI Consulting

I liked the application of recent case law.

Jeff Vagle

Pepper Hamilton LLP

Excellent topics, discussed very well.

McClure King

Dearborn National

I was impressed with the examples and the practical applications of the concepts.

Connie Sue Martin

Bullivant Houser Bailey

I liked everything about the teleconference - knowledgeable speakers, well presented, timely topic.  I was very impressed.

James A. Tramonte

Miller Martin

or call 1-800-926-7926

Litigation Advisory Board

David R. Cohen

Partner

K&L Gates

Jeffrey J. Fowler

Counsel

O’Melveny & Myers

Jonathan Evan Goldberg

Partner

SNR Denton

Mark E. Goodman

Shareholder

Capes Sokol Goodman & Sarachan

Dean D. Hunt

Partner

Baker & Hostetler

Michael E. Lackey, Jr.

Partner

Mayer Brown

Marie A. Lona

Partner

Winston & Strawn

Anthony T. Pierce

Partner

Akin Gump Strauss Hauer & Feld

Robert B. (Barry) Wiggins

Director

Deloitte Financial Advisory Services

or call 1-800-926-7926

Our Guarantee

Strafford webinars and teleconferences are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10.