Listen to Karl Schieneman, Founder and President of Review Less and a predictive coding consultant, as he moderates the three best podcast voices in E-Discovery – Judge David Waxse, a United States Magistrate Judge for the United States District Court in Kansas City, Kansas, Alex Ponce De Leon, discovery counsel for the Intel Corporation, and Martin Tully, trial litigator and national head of Chicago based Katten Muchin’s Electronic Discovery and Evidence Practice. While it almost doesn’t matter what the topic is, we also have an excellent topic as we will discuss whether the Rule 26 (f) meet and confers are really working, how to make meet and confers more useful and we will delve into some of the challenges which occur in a meet and confer process.
There are so many outputs from the meet and confer process including the tone and road map of the entire discovery process being set. Yet statistically, meet and confers often do not dive deeply into ESI issues and in some cases, avoid ESI issues entirely. We deal in a world where the incentives going into a Meet and Confer process may not be reciprocal due to disproportionate amounts of data between the two parties. With preservation burdens for litigation and reasonably anticipated litigation at a level disproportional to what is produced at trial, it seems that walking the meet and confer process through a stress test makes sense.
While each participant has a radio friendly voice they also each experience E-Discovery from different perspectives. This is both an entertaining and lively show as we dive into the meet and confer conundrum.