Dealing with Discovery Overuse: Relevance, Proportionality Considerations, and Risk of Court Revisions

Courts and parties have been dealing with discovery overuse for decades. The advisory committee notes to both the 1983 and 2015 revisions to Rule 26 reference the problem of over-discovery and encourage judges to be more aggressive in identifying and discouraging discovery overuse. Have courts been more aggressive in discouraging discovery overuse? Have parties since the 2015 revisions to Rule 26 been inclined to follow Rule 1’s instruction to employ the Federal Rules to secure the just, speedy, and inexpensive determination of every action? 

 

This webinar will review recent case opinions in which courts have independently revised overbroad discovery.  The presenters will also provide their views on relevance and proportionality considerations in discovery and assessing the risk of court revisions to discovery requests.

Presenter Bios  
 
Patricia Antezana focuses on managing e-discovery. With a background in general litigation, including commercial matters, business torts and product liability defense, Patricia brings a wealth of experience resolving a wide range of discovery issues. She advises clients regarding concerns that arise prior to litigation, including legal holds and preservation, and throughout litigation, including early case assessment, ESI protocols, collections, review, privilege issues, and productions.
 
Patricia has been involved with all phases of litigation, including management of large-scale discovery, dispositive motions, trial preparation and alternative dispute resolution. She has coordinated electronic and hard copy record collection and managed large-scale review projects in numerous complex litigation matters, working closely with case teams to prepare comprehensive and defensible collection and review strategies.
 
Additionally, Patricia has written and spoken extensively on various discovery topics.
 
 
Marcin Krieger has more than twelve years of experience in e-discovery law, a background in computer science, and a Relativity Certified Administrator (RCA) credential and a unique skill set to Reed Smith's Records & E-Discovery Group. He is a founding member of the group, having joined Reed Smith in 2011.
 
Marcin leverages his deep technical understanding and years of experience with technology assisted review (TAR) to advise case teams and clients on the best efficient and defensible approaches to large-scale document review projects. He collaborates with case teams to develop creative solutions to complex large document review problems, and provides user training and support for various e-discovery software platforms. In addition, he plays an active role in beta testing and proof-of-concept evaluation of new technology for potential adoption by the firm.
 
Marcin has supervised discovery matters for multiple medical industry, financial, insurance, regulatory, and intellectual property disputes. In this role, he manages, troubleshoots, and QCs the work of primary reviewers and oversees related tasks, including redactions, privilege log preparation, and productions.
 
Prior to entering law school, Marcin worked for Microsoft as a program manager, collaborating with the corporate and academic computer science communities on the adoption of emerging software technology.
 
 
Daniel Garrie, Esq. is the Founder of Law & Forensics LLC, where he heads the Computer Forensics and digital discovery Cybersecurity teams.
 
Daniel has been a dominant voice in the computer forensic and cybersecurity space for the past 20 years, as an attorney and technologist. He is an adjunct professor at Harvard for Computer Forensics, and prior to Law & Forensics, he successfully built and sold several technology start-up companies.
 
Since co-founding Law & Forensics LLC in 2008, Daniel has built it into one of the leading boutique cybersecurity forensic engineering firms in the industry. He is a mediator, arbitrator, and e-discovery special master for JAMS and is a partner and head of Cybersecurity at Zeichner, Ellman & Krause LLP. Daniel has both a Bachelor’s and a Master’s degree in computer science from Brandeis University, as well as a J.D. from Rutgers Law School.
 
Daniel has led cyber and forensic teams in some of the most visible and sensitive cyber incidents in the United States. He and his team have worked for two of the top five banks in the globe and dozens of the largest private and public companies in the world.
 
In addition, Daniel has been awarded several patents for advanced cybersecurity and forensic platform he built with his team that is currently used in the industry, TableTop.AI, CustodyTrack.IO, and Forensic Scan.
 
Daniel is also well-published in the cybersecurity space and has authored more than 200 articles and books. His work is cited by Black’s Law Dictionary 10th Ed. In defining the terms “software”, “internet”, and “algorithm.” Lastly, he has been recognized by several United States Supreme Court Justices for his legal scholarship and is a trusted source and thought leader for cybersecurity articles and opinions, being cited over 500 times to date.”