Strategies for Negotiating First Look
Agreements in Litigation
CD of Teleconference with Q&A
Click here for program outline
Conducted on Wednesday, November 12, 2008
Now available on CD
Sponsored by the Legal Publishing Group of Strafford Publications
The exponential growth of information subject to discovery and the escalating costs of e-discovery are staggering. Counsel must find new and creative ways to minimize cost while not placing confidential information in jeopardy.
Relevancy quick peek agreements are a unique opportunity to reduce unnecessary expense and review. Also called first look agreements, they allow plaintiffs to review an agreed upon set of defendant data prior to production and designate what they want produced.
Rather than reviewing Gigabytes to Terabytes of irrelevant information to identify the relevant subset, defendants can review the identified documents, produce those they agree are relevant, and negotiate or move to exclude those determined irrelevant.
The new Federal Rule of Evidence 502 supports this approach, providing additional protections should inadvertent waiver of privilege occur during the relevancy quick peek review period.
Listen as our authoritative panel of litigation attorneys examines what the Federal Rules say on relevancy quick peek agreements, the implications of search terms and technology, security considerations, and best practices for drafting and using first look agreements to contain costs.
The panel for this legal event included:
Julie Anne Halter, Partner, K&L Gates, Seattle. Her practice includes general business litigation and managing large, document–intensive cases, specifically those involving electronic discovery. Her experience directing discovery teams in document–intensive litigation has allowed her to develop and expand skills in managing large document cases especially those involving electronic discovery.
Wendy Butler Curtis, Special Counsel E-Discovery, Orrick Herrington & Sutcliffe, Washington, D.C. Her practice focuses on complex litigation, with an emphasis on litigation management and e-discovery. She coordinates complex discovery involving multiple parties and large amounts of information. Her experience in e-discovery, litigation readiness, and records management includes creating and implementing preservation, e-discovery, and records management policies, procedures, and training.
Rand P. Nolen, Fleming & Associates, Houston. He practices in the areas of personal injury, products liability, commercial litigation and medical malpractice, litigating matters in both state and federal courts. He has headed up the firm's Fen-Phen diet drug litigation, SUV rollover litigation, and Rezulin diabetes drug litigation.
The panel reviewed these and other key questions:
- How do the Federal Rules address quick peek agreements?
- What are the risks associated with the agreements?
- How have courts treated the agreements?
- What provisions should be included in the agreements?
TELECONFERENCE CD
Purchase a CD-ROM of the full conference proceedings, including Q&A and PDF files of all handouts (available 10 days after the program).
- Regular Price - $297 (plus $9.45 S&H)
- With Teleconference Registration – an additional $75 (plus $9.45 S&H)
CLE credit is available for an additional $65 each for attorneys seeking CLE credits for NY or CT.
Other states may grant CLE credits for listening to this CD - check with your state about applying for self-study credit on CD-listening.
Click here for program outline