Rectifying Document Production Errors: Failure to Preserve, Failure to Identify & Inadvertent Production of Confidential/Protected Materials
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will provide counsel with guidelines for dealing with three recurring "mistakes" or missteps that occur during discovery and production of documents, review the surprising nuances and limits of computing and extending time under Federal Rule 6, and point out strategies for proving excusable neglect.
Outline
- Document production missteps
- Failure to preserve
- Failure to identify/produce
- Disclosure of confidential or privileged information or documents
- Redaction mistakes
- Preventing common missteps
- Involve the right stakeholders in the preservation & identification process
- Document the process from preservation through production
- Know your sources and case specific risks
- Do not overstate what you are doing/producing
- Use ESI Protocols & Rule 502(d) Orders to proactively plan and agree to terms
- Managing mistakes
- Assess the issue and identify solution
- Disclose and cure
- Case specific considerations
Benefits
The panel will review these and other important issues:
- What should counsel consider when assessing the severity of the mistake?
- What should be included in discovery FRCP 502 protective orders?
- What facts need to be gathered before dealing with the "problem" outside the firm?
- How should counsel balance the need for prompt notification with the need for a thorough assessment?
- Should firms have written procedures in place?
- When is it necessary to notify insurers?
Faculty
Alison A. Grounds
Partner
Troutman Pepper
Ms. Grounds is a partner at Troutman Pepper based in Atlanta and is the founder and Managing Director of eMerge –... | Read More
Ms. Grounds is a partner at Troutman Pepper based in Atlanta and is the founder and Managing Director of eMerge – a wholly owned subsidiary of the firm focused on providing clients with end-to-end, integrated discovery services. She serves a national discovery counsel for clients, ensuring for the effective, efficient, and proportional use of eDiscovery across matters. Ms. Grounds uses her trial experience to advocate on behalf of clients in courts across the country, takes and defends depositions related to eDiscovery issues, and leverages technology to help her clients find the facts necessary to resolve their legal matters. She is also an adjunct professor of eDiscovery and Legal Technology at Emory University School of Law and is nationally ranked for her eDiscovery practice by Chambers and Partners.
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Matthew J. Hamilton
Partner
Troutman Pepper
Mr. Hamilton has more than 24 years of experience representing clients in complex pharmaceutical products... | Read More
Mr. Hamilton has more than 24 years of experience representing clients in complex pharmaceutical products liability and commercial litigation, with an emphasis on the defense of federal multidistrict litigation, coordinated state court actions, class actions and other complex matters. Mr. Hamilton is certified in legal project management and Legal Lean Sigma. He trains and manages contract counsel and alternative legal service providers in nationwide litigation to deliver excellent results and client value. Mr. Hamilton has significant experience managing, directing and coordinating complex litigation through joint-defense groups and local counsel across jurisdictions.
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Melinda F. Levitt
Partner
Foley & Lardner
Ms. Levitt’s practice focuses on complex commercial litigation, including the areas of antitrust, securities,... | Read More
Ms. Levitt’s practice focuses on complex commercial litigation, including the areas of antitrust, securities, intellectual property and class action defense work in matters pending before federal and state courts, as well as various federal agencies. She has developed particular experience in complex electronic discovery and obtaining discovery from companies abroad. She has also written extensively on the subject.
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