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American Bar Association

 
Practice Points »

What Can Happen When There Is a Breach of a Duty to Retain Rather Than Preserve?

Austrum is a reminder of the importance of understanding what, if any, retention obligations are imposed on employers and any entities in general.


Is a Filed Complaint a "Judicial Document" and Why Should Anyone Care?

Caution should be exercised before any filing in a federal court.


Court Orders Discovery of Personnel Files Requires Individualized Showing of Relevancy, Proportionality, and Particularity

A one-size-fits-all discovery request for personnel records in a civil case against a private defendant is likely insufficient under Rule 26(b).



Articles »

Maintaining Privacy and Confidentiality in Litigation: Can It Be Done?

By Ronald J. Hedges

What considerations guide the use of private or confidential information, and what should an attorney do to protect it?


Away with Words: The Myths and Misnomers of Conventional Search Strategies

By Thomas I. Barnett

There are other ways to attack the problem of keyword searches and predictive coding thanks to some recent advances in technology and data science.


Rule 30(b)(6) at 45: Is It Still Your Friend?

By Eric Kinder and Walt Auvil

Is the rule, now entering middle age, still accomplishing the goals it was designed to achieve?


Sound Advice »

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)


audio Structured Data Discovery

By Bobby Malhotra

Bobby Malhotra explains that structured databases are an underused source of potentially valuable information and how to best use these tools. (14:32 min)


audio Cost-Containment and Risk-Management Strategies for E-Discovery

By Giyong Song

If you are not careful, e-discovery can cost more than you anticipate. Giyong Song gives strategies to keep costs down with the use of early analytics and other strategies. (13:59 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 »

March 16: Free Roundtable

"The Line Between Opinion and Fact Work Product: Why it Matters and Strategies to Protect Your Work Product From Disclosure." 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 Klem

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