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American Bar Association

Practice Points »

Potential Damages Award Largely Immaterial in Determining Whether to Limit ESI Production

Courts have been unpersuaded by argument comparing the actual amount in controversy versus the expense in producing ESI in an attempt to convey unreasonableness.

Need for ESI Discovery Trumps Objections, Especially Where Claims and Defenses Overlap

In the ongoing battle between plaintiffs seeking ESI discovery and defendants resisting these attempts, the plaintiffs have tallied an interesting win.

Indiana Court Compels Production of Spreadsheets in Native Format

The court looked to Federal Rule of Procedure 34(b)(2)(E)(i) and (iii) regarding the production of electronically stored information.

Articles »

Discovery Sanctions under Amended Rule 37(e): A Safe(r) Harbor

By Michael J. Miles and Jeffrey E. Jakob

Early decisions applying the new Rule 37(e) should give comfort to potential litigants who have worked in good faith to preserve potentially relevant ESI.

Supreme Court Watch: A Look Ahead to the October 2016 Term

By Scott N. Wagner and Veronica Gordon

The Supreme Court addresses the right to appeal class action certification denial, and more.

Crafting Cease-and-Desist Letters Without Violating the ABA Model Rules

By Joshua A. Kurtzman

Cautionary tales for attorneys.

Sound Advice »

audio How to Be Successful in Securities Mediations

By Regina Martorana

Regina Martorana discusses some tips to use during mediations. In addition she reviews how FINRA can help your clients. (13:25 min.)

audio Technology-Assisted Review—The TAR Evolution

By Zviad Guruli

Technology-assisted review (TAR) has been fairly slow to develop because of a combination of a lack of understanding and general lack of trust. Zviad Guruli outlines the history of TAR and ways it can help you and your clients. (08:12 min)

audio Conducting Cross-Border Discovery

By Dana Post

E-discovery and data-management expert Dana Post discusses why U.S. laws make this complicated and offers best practices to still be successful for your client. (9:02 min)

Roundtables »

audio Early Case Assessment and Other Initial Stages of Complex Litigation

Topics include applying early case assessment techniques, initial data collection and preservation issues, managing client concerns, best tactics for dealing with opposing counsel, and identifying potential early motions and other strategic options. (56:45)

audio Playing Defense: Preparing Your Client for Deposition

Experienced litigators cover the nuts and bolts of defending depositions and provide strategies and tips to employ when defending all types of clients. (1:00:01)

audio Proposed Changes to the Federal Rules

Insight into the substance of the proposed amendments, the motivations behind them, the amendment process, and the public comments that the committee has received so far. (1:02:46)

Announcements »

September 29: Rules Amendments CLE

"Taking Measure of "Proportionality": Examining the Implementation of the 2015 Federal Rules Amendments Nine Months Out." Read more.

March 31: Free Roundtable

"Privilege and Ethics in Working with Your Expert." Read more.

Rules Amendments Roadshow—March/April 2016

“Hello ‘Proportionality,’ Goodbye ‘Reasonably Calculated’: Reinventing Case Management and Discovery Under the 2015 Civil Rules Amendments” Read more.


Pretrial Practice & Discovery Leadership

Cochairs Content Subcommittee

Kenneth Klemm

New Orleans, LA

Robert Will

St. Louis, MO

Robert Poundstone

Montgomery, AL

Tracy DiFillippo

Las Vegas, NV

Angela Fetcher

Louisville, KY

Kyle Kitson

Kansas City, MO

Ethan Tidmore

Birmingham, AL

Mor Wetzler

New York, NY

Jason Wiley

Las Vegas, NV