E-Discovery Cost Containment: Legal Strategies

Leveraging Economical Litigation Agreements, E-Mediation and Other Emerging Tools

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

Conducted on Thursday, August 19, 2010
Recorded event now available

This CLE webinar will provide counsel with strategies to contain e-discovery costs without sacrificing quality or increasing legal risks or potential court sanctions. The panel will review and evaluate emerging tools and ongoing developments within the legal profession.


To limit litigation costs, counsel must focus on cost containment for e-discovery. Economical litigation agreements can streamline discovery from the outset. E-discovery costs can also be controlled through the use of e-discovery mediators.

Counsel must also be fluent in e-discovery law in order to successfully argue for discovery that is proportionate to the value of the case, limit discovery based on the inaccessibility of ESI, and obtain the cooperation of opposing counsel.

Lawyers, judges, and academics gathered to explore a number of possible solutions to containing the costs of civil litigation and e-discovery at the recent Civil Litigation Conference (Duke Conference), which included discussion of potential Federal Rules of Civil Procedure amendments.

Listen as our authoritative panel of attorneys discusses effective legal strategies to control
e-discovery costs and emerging trends and developments to address this issue.


  1. Meet and Confer Conference
    1. Framing the issues and expectations for discovery
    2. Economical litigation agreements
    3. E-mediation and special masters
  2. Preservation and Production
    1. Number of custodians, type of ESI reviewed, search terms, review method, handling privilege
    2. Technology strategies (processing and deduplication strategy, dealing with vendors)
    3. Production and post-production litigation support
  3. Discovery law
    1. Proportionality
    2. Inaccessibility
    3. Cooperation
  4. Emerging trends
    1. Amendments to Federal Rules Civil Procedure
    2. 7th Circuit Pilot Program Report
    3. Model litigation prenup agreement


The panel will review these and other key questions:

  • How can economical litigation agreements be used to streamline discovery?
  • What developments in e-discovery law can assist counsel in limiting ESI production?
  • How can counsel effectively use ADR and e-mediation to control e-discovery costs?
  • What proposals are being made for amendments to FRCP to address the soaring cost of e-discovery?


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

His practice emphasizes electronic discovery and document production and class action defense. His class action defense experience includes defense of numerous nationwide and statewide consumer protection class actions. He has also defended government regulation, products liability, environmental, employment and securities class actions.

Rebecca G. Bradley, Shareholder
Whyte Hirschboeck Dudek, Milwaukee

She concentrates her practice in commercial, information technology and intellectual property litigation and transactions. She has represented parties in litigation, mediations and arbitrations and has particular expertise in preparing and negotiating global software license agreement contracts involving open source software licensing, software development, consulting and hosting services.

Scott A. Carlson, Partner
Seyfarth Shaw, Chicago

He founded and co-chairs the Firm’s eDiscovery practice and is nationally known in the area of eDiscovery. His practice is almost entirely devoted to eDiscovery and high technology issues from both the consulting and litigation perspective. He teaches a Masters of Law course on the subjects of eDiscovery, digital evidence, and computer forensics.


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