Leveling the Playing Field in Asymmetric Litigation

ACC Colorado – WEBINAR

Leveling the Playing Field in Asymmetric Litigation: Extracting Electronically Stored Information from Requesting Parties & Associated Ethical Obligations

Tuesday, June 11, 2019

4pm-5:30pm Panel Presentation via Webcast
(watch on-site at Ruth’s Chris Steak House or from your desk)

5:30PM-6:30PM- Dinner and Networking (on-site at Ruth’s Chris Steak House)

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.

Offensive Discovery Toolkit Quick Takeaways

• Plaintiff Fact Sheet Order/Targeted Discovery Requests - Requiring disclosure and production of ESI
• ESI Protocol - Specifying production format and search methodology for ESI
• Protective Order - Favorable to client and OUSA data protection laws
• FRCP 26(g) Certifications- Regarding ESI productions
• ESI Guidance - Instructing counsel regarding obligations to identify, preserve, collect, and produce ESI
• Deficiency Protocol Order - Setting out deficiency process for plaintiffs’ ESI productions
• ESI Authorizations - For release of plaintiffs’ ESI directly from third-party providers
• Review Plan- Formalized strategy for substantive review of ESI

Presented by
Mike Zito, Partner, Shook, Hardy & Bacon L.L.P.
 

Patrick Oot, Partner, Shook, Hardy & Bacon L.L.P.
 

Jessica Block, Senior Managing Director with Ankura
 

Two options to attend:

• Listen from your desk – Select “Webcast Only” when registering- a webinar link will be emailed out two days prior to the call.
• Or attend the webcast with ACC members at Ruth’s Chris Steak House – Select “Webcast at Ruth’s Chris” when registering. Dinner included- choice of 6oz Filet & Shrimp, Barbequed Shrimp or Stuffed Chicken. Salad, sides and dessert included.