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
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.
- Rule 16
- Rule 26
- Rule 37
- Before litigation
- Gain familiarity with client’s IT system
- Review document retention policy
- Preparing for meet and confer
- Who are the players/custodians of information?
- Gather data
- Determine what outcome is desired
- Early identification and preservation issues
- Develop preservation plan (tailored to case)
- Develop collection plan
- During meet and confer — discussion topics
- Form of production
- Preservation orders
- Costs and cost shifting
- Parameters for reasonably accessible data
- Data production considerations
- Clawback agreements
- Best practices
- 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
He is a member of the firm's E-Discovery Analysis and Technology Group (E-DAT) and advises clients on e-discovery... | Read More
He is a member of the firm's E-Discovery Analysis and Technology Group (E-DAT) and advises clients on e-discovery issues, document preservation and discovery response planning.Close
Daniel T. Brown
His practice concentrates on securities enforcement defense and litigation, white-collar criminal defense, class... | Read More
His practice concentrates on securities enforcement defense and litigation, white-collar criminal defense, class action litigation, and regulatory counseling, and handles electronic discovery issues.Close
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
He is an experienced commercial litigator who concentrates on complex matters in a wide range of areas including securities fraud, antitrust, products liability, and breach of fiduciary duty. He also advises clients on document retention, electronic document policies and protocols, litigation hold policies and procedures, and production and review of electronically stored information.Close
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