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American Bar Association

Practice Points »

Nonparty Ordered to Preserve ESI Days after Case Was Filed and Before Defendant Was Served

A recent case out of Ohio is instructive as to what a plaintiff must show to obtain expedited discovery as well as the types of defenses available to nonparties.

Attorney-Client Privilege Extended to Client's Consultant

A recent decision by the U.S. District Court for the District of Nevada has extended the protections of the attorney-client privilege to communications with outside entities providing services to the attorney's client.

"Irresponsible and Shiftless Behavior" Leads to the Loss of ESI and Paper

O'Berry v. Turner raises a number of questions.

Articles »

Recent Decision Highlights Competing Approaches to Social Media Discovery

By Eric B. Levasseur

A New York appellate court says no to broad discovery of social media accounts.

Proportionality under Amended Rule 26(b)(1): A New Mindset

By Michael J. Miles

How courts have reacted to the amended rule and how defense practitioners can use it to streamline discovery.

The "Other" December 1 Amendments to the Federal Rules of Civil Procedure

By Ronald J. Hedges

Beyond the focus on sanctions in commentary on the 2105 amendments, how to avoid a sanctions fight in the first place.

Sound Advice »

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)

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)

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 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