Overcoming Class Action ESI Challenges: Preserving and Reviewing ESI; Limiting Discovery, Arguing Proportionality
Assessing the Impact on Proportionality and Sanctions of 2015 Amendments to FRCP Rule 26(b)(1) and Rule 37(e)
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide guidance to class action defense attorneys for overcoming the challenges of e-discovery. The program will cover best practices for preserving and reviewing electronically stored information (ESI), limiting the scope of discovery, making proportionality arguments, and avoiding spoliation sanctions. The program will discuss federal and state procedure rules impacting e-discovery and engaging legal and e-discovery class proceedings experts.
- Preservation of ESI
- Strategies for review of ESI
- Proportionality and discovery planning
- Sanctions for spoliation
- Impact of state and federal e-discovery rules
- Strategies for limiting the scope of e-discovery
- Engaging legal and e-discovery class proceedings experts
- Review of recent e-discovery case law
The panel will review these and other key issues:
- What steps should counsel take in issuing and responding to litigation holds?
- How can counsel best protect the client’s interests while working with opposing counsel to manage the discovery process?
- When drafting discovery requests in class actions, what considerations should counsel take into account to ensure that the requests are in line with the new proportionality standard?
- What types of technology-assisted review tools are available and likely to be accepted by courts?
Ms. Craparo is an experienced litigator whose practice focuses on complex commercial litigation, including... | Read More
Ms. Craparo is an experienced litigator whose practice focuses on complex commercial litigation, including professional services, banking and financial services, technology and telecommunications and electronic discovery. As part of her practice, she develops and defending electronic discovery and records management protocols. She represent and advise clients on all aspects of the discovery and management of electronic information including the development of policies and procedures for the preservation, collection, review and production of electronically stored information, the remediation of legacy data, and strategic positioning and defense of electronic discovery issues before federal regulators and the courts.Close
Daniel B. Garrie
Zeichner Ellman & Krause
Mr. Garrie is the co-head of the Firm’s Cybersecurity Practice, and coordinates the Firm’s privacy,... | Read More
Mr. Garrie is the co-head of the Firm’s Cybersecurity Practice, and coordinates the Firm’s privacy, forensics and e-discovery practices. He is one of the most sought-after cyber security and e-discovery experts in the country having advised federal and state judges. He is a seasoned e-discovery special master, forensic neutral, mediator, and arbitrator with JAMS, retained for complex, high-stakes cases around the country. He works with clients to create and implement global effective responses to cybersecurity attacks, including data breach notifications, incidence response plans and crisis management counseling. In addition, he has written over 100 articles on legal and technology topics and has lectured to the bench and bar all over the United States. He is also the author of “Plugged in Guide to Software”, “E-Discovery & Dispute Resolution”, and “Cyber Warfare and the Law” published by Thomson Reuters.Close
Zeichner Ellman & Krause
Mr. Collins concentrates his practice on complex commercial litigation and banking law. In particular, he works with... | Read More
Mr. Collins concentrates his practice on complex commercial litigation and banking law. In particular, he works with clients in managing internal investigations, and identifying and addressing compliance risks. Previously, he worked at BakerHostetler LLP, focusing on securities litigation and bankruptcy matters arising from the firm’s appointment as counsel to the SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC.Close
Robert J. Bonsignore
Mr. Bonsignore limits his practice to complex litigation, class actions, and cases involving significant economic loss... | Read More
Mr. Bonsignore limits his practice to complex litigation, class actions, and cases involving significant economic loss or public policy. His law firm concentrates in the practice areas of antitrust, business-to-business wrongs, consumer protection, catastrophic personal injury and Mass Tort litigation. Due to his decades long experience and proven track record in multi-district litigation, he has been integrally involved in the leadership of dozens of document intensive cases. He previously served as lead counsel in MDL 1735 In re WalMart Wage and Hour Litigation (largest wage and hour class in US history), presently serves as lead counsel in MDL 2566 In re TelexFree Securities Litigation (the largest Pyramid scheme case in US history) and is co-chair of a discovery committee in MDL 2311 In re Automotive Parts Antitrust Litigation.Close