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
- Rules
- Rule 16
- Rule 26
- Rule 37
- Before litigation
- Gain familiarity with client’s IT system
- Review document retention policy
- Preparing for meet and confer
- Who are the players/custodians of information?
- Gather data
- Determine what outcome is desired
- Early identification and preservation issues
- Develop preservation plan (tailored to case)
- Develop collection plan
- During meet and confer — discussion topics
- Form of production
- Privilege
- Preservation orders
- Costs and cost shifting
- Parameters for reasonably accessible data
- Data production considerations
- Metadata
- Clawback agreements
- Best practices
- Documentation
- Communication
- Disclosures
- 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
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CLE:
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Online CLE Audio $149.00
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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.)
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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
Litigation Advisory Board
Partner
K&L Gates
Counsel
O’Melveny & Myers
Partner
SNR Denton
Shareholder
Capes Sokol Goodman & Sarachan
Partner
Baker & Hostetler
Partner
Mayer Brown
Partner
Winston & Strawn
Partner
Akin Gump Strauss Hauer & Feld
Robert B. (Barry) Wiggins
Director
Deloitte Financial Advisory Services
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