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American Bar Association

Practice Points »

When Might Materials Be Filed under Seal?

Center for Auto Safety v. Chrysler Group provides an answer.

Seventh Circuit: Agency Failed to Exercise Good Faith in FOIA Response

USCIS failed to perform an adequate search of its records because it generated a new document instead of searching its existing internal documents.

Amendments to the Federal Rules: More Hype Than Substance?

It might be worthwhile to consider the "uncertainties" of the amendments.

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 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)

audio Inadvertent Disclosure of Documents

By Michael Downey

Educator and litigator Michael Downey explains how the ethical obligations for inadvertent disclosure of documents have evolved over the years. (5:09 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 »

February 19: Free Roundtable

February's Roundtable is "Early Case Assessment and Other Initial Stages of Complex Litigation." Read more.

Publish an Article!

Do you have an article idea for the committee newsletter or website? We are always looking for new, interesting, timely content to publish. Please contact our newsletter editors, Adam Braveman, Betsy Collins, Tracy DiFillippo, or Mor Wetzler if you have something you would like to contribute.

We Want to Hear from You!

Do you have ideas for future committee activities? Do you have ways we can make this committee a more valuable resource for you? Do you have suggestions about our committee website, newsletter, or listserv emails? We value your feedback—please send an email to one of our committee cochairs, Jeffrey Close, Bobby Poundstone, or Jessica Hew with your suggestions.


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