Leveling the Playing Field in Asymmetric Litigation

The National Capital Region and the Colorado Chapters of ACC are working together with Shook Hardy & Bacon LLP and Ankura Consulting Group to offer this special educational event on Extracting Electronically Stored Information from Requesting Parties & the Associated Ethical Obligations.

When it comes to Electronically Stored Information (ESI) historically, plaintiffs have provided very little discovery, leaving large data holders at a disadvantage in one-sided litigation. These times are a-changin’. As plaintiffs communicate more frequently through social media and create highly relevant content, the scales are starting to balance. Attend this program to learn practical takeaway strategies on how large data holders can effectively act as requesting parties – therein balancing the scales. 

This session will explore counsel’s obligations under ABA Model Rules 3.4, 4.1–4.4, and 8.4 when seeking to extract ESI from requesting parties, as well as the obligation of requesting parties’ counsel to be technologically competent pursuant to ABA Model Rule 1.1.  The goal is to get back to merits focused discovery – thereby limiting and reducing costs of the all-to-normal oversized discovery demands.