ESI in Insurance Litigation: Preparing for FRCP Amendments on Proportionality and ESI Management
E-Discovery Strategies for Insurance Companies and Policyholders
Recording of a 90-minute CLE webinar with Q&A
This CLE course will prepare insurance litigators for upcoming amendments to the Federal Rules of Civil Procedure by providing them with the tools to assess proportionality in light of the six factors outlined in the proposed amendments to Rule 26(b)(1) and effectively preserve ESI to avoid the sanctions authorized by proposed Rule 37(e).
- Unique e-discovery issues in insurance litigation
- Review of proposed amendments
- Rule 26(b)(1) scope of discovery
- Rule 37(e) sanctions for failure to preserve ESI
- Strategies for achieving proportionality
- Best practices for preserving ESI to avoid sanctions
- Best records and information management practices to discuss with your clients
- Review of court decisions addressing proportionality
The panel will review these and other key issues:
- How much weight should litigators give to each of the six factors for assessing proportionality?
- What steps should insurance counsel take in issuing and responding to litigation holds?
- How can insurance counsel best protect the client’s interests while working with opposing counsel to manage the discovery process?
- How can insurance 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?
P. Benjamin Duke
Covington & Burling
Mr. Duke is a member of the Insurance Practice Group and represents policyholders in a broad range of complex... | Read More
Mr. Duke is a member of the Insurance Practice Group and represents policyholders in a broad range of complex litigation, arbitration and advisory matters involving all types of insurance, from general liability to D&O, professional liability, and other specialized coverages. He has advised and helped obtain significant insurance recoveries on behalf of clients in many industries, including the financial services, technology, energy and pharmaceutical industries.Close
Tomas M. Thompson
Mr. Thompson is a trial lawyer with significant experience resolving insurance, accounting... | Read More
Mr. Thompson is a trial lawyer with significant experience resolving insurance, accounting and professional liability disputes nationwide, including class actions, multi-district litigation and arbitrations. Mr. Thompson is also a frequent speaker and writer on technology and e- discovery issues, and he routinely handles cyber investigations and responses to regulators and requests from governmental agencies and prosecutors.Close