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 Daley Ragan & Wagner
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