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

Conducted on Thursday, May 25, 2017
Recorded event now available

This CLE webinar 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.


Experts estimate that more than 90% of all business information is in electronic format. Document review and production expenses constitute the lion’s share of discovery costs, and e-discovery is the most expensive and time-consuming part of most litigation. Counsel and clients can easily become bogged down and fear of a spoliation allegation may lead to excessive preservation.

In the wake of the 2015 amendments to Rule 26(b) of the Federal Rules of Civil Procedure, courts have emphasized that parties must rein in extensive and expensive discovery requests. Class action litigators must be able to advance effective proportionality arguments as a basis for objecting to opposing counsel’s discovery requests.

Amended Rule 37(e) clarified the measures a court may take in response to a party’s failure to preserve ESI, including, in some cases, entry of default judgment. Litigators cannot afford to wait to formulate plans for client information management and discovery. Practitioners must also prepare to work with opposing counsel to manage this vexing process.

Listen as our authoritative panel of class action attorneys discusses defense strategies for overcoming the challenges of e-discovery. The panel will impart best practices for preserving and reviewing ESI, limiting the scope of discovery, making proportionality arguments, and avoiding spoliation sanctions. The panel will also discuss federal and state procedure rules impacting e-discovery and engaging legal and e-discovery class proceedings experts.


  1. Preservation of ESI
  2. Strategies for review of ESI
  3. Proportionality and discovery planning
  4. Sanctions for spoliation
  5. Impact of state and federal e-discovery rules
  6. Strategies for limiting the scope of e-discovery
  7. Engaging legal and e-discovery class proceedings experts
  8. 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?


Therese Craparo, Partner
Reed Smith, New York

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.

Daniel B. Garrie, Partner
Zeichner Ellman & Krause, New York

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.

Tarique Collins
Zeichner Ellman & Krause, New York

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.

Robert J. Bonsignore, Trial Lawyer
Bonsignore, Las Vegas

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.


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Class Action Law Advisory Board

Thomas Allen


Reed Smith

Steve Berman


Hagens Berman Sobol Shapiro

Brian Boyle


O'Melveny & Myers

H. Douglas Hinson


Alston & Bird

Daniel R. Karon


Karon LLC

Robert S. Kitchenoff


Weinstein Kitchenoff & Asher

Neal R. Marder


Akin Gump Strauss Hauer & Feld

Michael McCluggage


Eimer Stahl

W. Ray Persons


King & Spalding

William B. Rubenstein


Harvard Law School

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