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
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).
Outline
- Review of proposed amendments to FRCP on scope and ESI
- Impact of proposed amendments on products liability litigation
- Making the most of the Rule 26(f) planning conference
- Cost-effective e-discovery approaches
Benefits
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?
Faculty

Amy R. Fiterman
Partner
Faegre Drinker Biddle & Reath
Ms. Fiterman concentrates her practice in the defense of class actions, mass torts, product liability and consumer... | Read More
Ms. Fiterman concentrates her practice in the defense of class actions, mass torts, product liability and consumer fraud cases, with a particular focus on the pharmaceutical and medical device industries. She has defended manufacturers of pharmaceuticals in product liability and consumer fraud actions in a number of states, as well as product liability claims against manufacturers of breast implants, latex gloves and asbestos. Ms. Fiterman is a frequent author and lecturer on e-discovery issues.
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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
Mr. Kenny focuses his practice on toxic tort, products liability and other complex litigation. A former California Deputy Attorney General, he is the founder of the Twin Cities E-Discovery Forum, a member of the Seventh Circuit Electronic Discovery Pilot Program’s National Outreach Committee, and a member of the Bay Area E-Discovery Forum.
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Stephen E. Reynolds
Partner
Ice Miller
Mr. Reynolds’ practice focuses on commercial litigation and data security and privacy law. He has represented... | Read More
Mr. Reynolds’ practice focuses on commercial litigation and data security and privacy law. He has represented companies in several types of litigation, including products liability cases, mass torts litigation, and securities litigation. Mr. Reynolds has given presentations on data privacy and security, electronic discovery and social media discovery, and is a Certified Information Privacy Professional.
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