E-Discovery in Arbitration: Lessons From the Trenches
Procedures for Managing Electronically Stored Information to Achieve Efficient Resolution
Recording of a 90-minute CLE webinar with Q&A
Outline
- E-discovery trends in arbitration
- Domestic arbitration
- International arbitration
- Common e-discovery issues raised in arbitration
- Production of documents
- Time and cost burdens
- Privilege waiver and “claw-back” agreements
- Spoliation
- Consequences for failing to comply
- Best practices for arbitration counsel
- E-discovery considerations when drafting the agreement
- Tailor request to specifically relevant information
- Examine the accessibility of electronic data
- Temper zealous advocacy with desire for efficiency
- Best practices for arbitrators
- Determine early whether to allow e-discovery and what the scope will be
- Evaluate costs in deciding discovery issues
- Set early discovery deadline and reevaluate scope of e-discovery after that deadline
- Become educated on ESI to make intelligent rulings on discovery
- Consider appropriate sanctions for spoliation
- Consider appointing ESI expert to assist
Benefits
The panel will review these and other key questions:
- How should the parties to an arbitration proceeding address e-discovery in their arbitration agreement?
- How are concerns about spoliation, attorney–client privilege waiver, and work–product privilege waivers being addressed in arbitration?
- What are some best practices for arbitrators who are evaluating and deciding issues regarding the scope of e-discovery?
Faculty
Todd D. Wozniak
Shareholder
Greenberg Traurig
He is an experienced litigator who defends companies and governmental entities in employment, constitutional and... | Read More
He is an experienced litigator who defends companies and governmental entities in employment, constitutional and business disputes. He is a frequent lecturer and writer on employment and class action issues.
CloseSteven C. Bennett
Partner
Jones Day
He focuses on domestic and international commercial litigation and arbitration, including cases involving bankruptcy,... | Read More
He focuses on domestic and international commercial litigation and arbitration, including cases involving bankruptcy, construction, corporate, energy, insurance, intellectual property and securities. He writes a continuing column, "Arbitration," with Professor Samuel Estreicher, which has appeared in the New York Law Journal since 2004.
CloseCharles R. Ragan
Partner
Redgrave
He provides clients with proactive policy guidance and responsive advice and assistance with e-discovery. He has... | Read More
He provides clients with proactive policy guidance and responsive advice and assistance with e-discovery. He has handled international arbitrations touching six continents. His firm is considered a think-tank that has led the development of policy and law in the area of e-discovery.
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$297