Meet and Confer — Complying With Tougher Discovery Rules

Containing Costs, Reducing Risks and Avoiding Sanctions

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

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Conducted on Tuesday, January 13, 2009

Course Materials

The panel will review discovery requirements under the federal rules amendments and steps that counsel must take to plan and execute an effective and efficient meet and confer strategy.


Understanding the people, processes and technology needed to prepare for the new meet and confer requirements is counsel's first challenge. Then, counsel must understand the complex issues of preserving, producing and cost shifting opportunities for electronically stored information.

The list goes on. Counsel must decide whether evidence is reasonably accessible and how much time and expense will be required to collect, restore, review and produce the information. All concerns related to preservation, costs, and burdens should also be addressed during the meet and confer.

Listen as our authoritative panel discusses the requirements under the amendments and steps that counsel must take to plan and execute an effective meet and confer strategy.



  1. Rules
    1. Rule 16
    2. Rule 26
    3. Rule 37
  2. Before litigation
    1. Gain familiarity with client’s IT system
    2. Review document retention policy
  3. Preparing for meet and confer
    1. Who are the players/custodians of information?
    2. Gather data
    3. Determine what outcome is desired
    4. Early identification and preservation issues
    5. Develop preservation plan (tailored to case)
    6. Develop collection plan
  4. During meet and confer — discussion topics
    1. Form of production
    2. Privilege
    3. Preservation orders
    4. Costs and cost shifting
    5. Parameters for reasonably accessible data
    6. Data production considerations
    7. Metadata
    8. Clawback agreements
  5. Best practices
    1. Documentation
    2. Communication
    3. Disclosures
    4. Cost containment


The panel will review these and other key questions:

  • What are the discovery amendments that impact the meet and confer directly and indirectly?
  • What are the basic blocking and tackling steps that counsel must undertake leading into the meet and confer?
  • What strategies can counsel use to negotiate what is discoverable and who pays, including possible cost sharing and shifting?
  • What topics must be covered in the meet and confer and what must be reported to the court from that meeting?


Todd L. Nunn
Todd L. Nunn

K&L Gates

He is a member of the firm's E-Discovery Analysis and Technology Group (E-DAT) and advises clients on e-discovery...  |  Read More

Daniel T. Brown
Daniel T. Brown
Mayer Brown

His practice concentrates on securities enforcement defense and litigation, white-collar criminal defense, class...  |  Read More

Edwin M. Larkin
Edwin M. Larkin

Winston & Strawn

He is an experienced commercial litigator who concentrates on complex matters in a wide range of areas including...  |  Read More

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