Discovery Exposed: Managing Costs and Directing Information in a Digital World

This session included in depth information on a variety of sub-topics including:

• Electronic discovery – the discussion will explore case developments and controversies that have arisen since the 2006 Amendments to the Federal Rules took effect, with particular emphasis on litigation holds, dynamic v. static production formats, metadata, and the “safe harbor” provisions. The panel will discuss strategies for requesting and producing electronically stored information (ESI), including comparing different methods for harvesting ESI
• Responding to document subpoenas – the panel will explore processes used by corporate clients and outside counsel to efficiently manage the intake and processing of third-party subpoenas
• Corporate designee depositions – we will explain how corporate designee depositions can be used to effectively and efficiently prosecute or defend litigation. The panel also will explore issues and concerns attendant to producing corporate designees for deposition
• Managing discovery – the discussion will conclude with overall strategies for the cost-effective management of the discovery process, including early case assessment, benchmarking, budgeting, and periodic reviews

Presenters included: Mark F. Foley, Foley & Lardner LLP; William (Bill) J. McKenna, Foley & Lardner LLP; Scott T. Seabolt, Foley & Lardner LLP; Scott Wrobel, Stout Risius Ross; and Frank Ziegler, Lawson Products, Inc.