E-Discovery in Products Liability Litigation: Preparing for New FRCP Amendments on Proportionality and ESI

Strategies for Preserving, Obtaining and Protecting ESI

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

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Conducted on Wednesday, August 19, 2015

Recorded event now available

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Course Materials

This CLE course will provide products liability counsel with a review of the challenges that arise when preserving, collecting and producing documents in response to burdensome e-discovery requests from plaintiff’s counsel. The panel will prepare litigators for upcoming amendments to the Federal Rules of Civil Procedure (FRCP) covering proportionality and sanctions for failing to preserve electronically stored information (ESI).


E-discovery in products liability litigation is costly and time-consuming. Counsel and clients can easily become bogged down in minutiae, leading to excessive preservation to avoid spoliation claims.

The proposed amendments to the FRCP—widely expected to become effective in 2015—clarify and highlight the importance of the principle of proportionality, which can help manage potentially staggering costs and time of e-discovery. The proposed amendments also feature a rewritten Rule 37(e) that clarifies the measures a court may take in response to a party’s failure to preserve ESI, including, in some cases, entry of default judgment.

Listen as our authoritative panel of products liability litigators offers guidance on evaluating proportionality, tips for negotiating with plaintiff’s counsel to set discovery parameters that will pass judicial muster, and best practices for records and information management affected by the FRCP amendments.



  1. Review of proposed amendments to FRCP on scope and ESI
  2. Impact of proposed amendments on products liability litigation
  3. Making the most of the Rule 26(f) planning conference
  4. Cost-effective e-discovery approaches


The panel will review these and other key issues:

  • What unique legal and practical issues make e-discovery in products liability litigation particularly challenging?
  • How should litigators effectively weigh the factors for assessing proportionality?
  • What steps should counsel take in issuing and responding to litigation holds?
  • How can counsel help clients be proactive for present and future litigation in light of the FRCP amendments?
  • What types of technology-assisted review tools are available and likely to be accepted by courts?


Amy R. Fiterman
Amy R. Fiterman

Faegre Drinker Biddle & Reath

Ms. Fiterman concentrates her practice in the defense of class actions, mass torts, product liability and consumer...  |  Read More

Brendan M. Kenny, Esq.
Brendan M. Kenny, Esq.

Blackwell Burke

Mr. Kenny focuses his practice on toxic tort, products liability and other complex litigation. A former California...  |  Read More

Stephen E. Reynolds
Stephen E. Reynolds

Ice Miller

Mr. Reynolds’ practice focuses on commercial litigation and data security and privacy law. He has represented...  |  Read More

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