Working with First Time Clients on Electronic Discovery Projects

Podcast: Play in new window | Download

Listen to an all-star panel of attorneys, moderated by Karl Schieneman, Director of Legal Analytics and Review at JurInnov, discuss how to hand-hold a client who is experiencing electronic discovery litigation for the first time. The attorney panel we have assembled is well versed in this issue because each participant has headed up electronic discovery practices at sophisticated regional law firms with national practices. Monica Latin chairs Dallas, Texas based Carrington Coleman’s business litigation practice. Ms. Latin is a frequent speaker on litigation issues. She is actively involved in the Working Group on Electronic Document Retention and Production of The Sedona Conference and is a member of the advisory board for the Georgetown University E-Discovery Institute. She was also a member of The Sedona Conference Working Group Series on Protective Orders, Confidentiality and Public Access.

Monica Latin handles trials, arbitrations, and appeals throughout the country, including commercial disputes, professional liability, construction litigation, fiduciary obligations, insurance litigation, employment law, and trade secret litigation. She has extensive experience advising clients concerning issues relating to the hiring and departure of employees, including covenants not to compete and misappropriation.

Kevin Toner is the Chair of Indianapolis, Indiana based Baker Daniels’ Technology Subcommittee. He is one of Baker & Daniels’ experts on electronic discovery disputes, practices, and procedures. Kevin has created and managed multi-million page document reviews and electronic data production projects, and he is well versed in computer and Internet forensic issues. Kevin has led sensitive internal investigations for large international corporations in the insurance and pharmaceutical industries. He also regularly counsels clients about their document and electronic information retention practices.

Kevin Toner is an experienced trial lawyer. He frequently defends premises owners in asbestos personal injury cases. Kevin has successfully completed lengthy jury trials in Indiana and Illinois personal injury cases. He currently manages clients’ defense of hundreds of asbestos cases pending in trial and appellate courts in the Midwest. He has handled citizen suits, nuisance claims and other toxic tort lawsuits.

Gregory Krabacher is a Bricker & Eckler attorney based in Columbus, Ohio practicing in the litigation group. His practice emphasizes intellectual property litigation and prosecution, and includes representation of clients on patent, trademark, copyright, and trade secret matters. He also regularly counsels clients on electronic discovery issues and is editor and contributor to the Bricker & Eckler eDiscoTECH blog and newsletter. Greg also represents clients in disputes over electronic discovery and advises clients on their preservation and production obligations and assists clients in litigation readiness programs. Greg is a member of The Sedona Conference Working Group on Electronic Document Retention and Production. Prior to becoming an attorney, Greg worked as an Information Technology Consultant with Accenture from 1998 to 2002 and participated in the design, build, and roll-out of major software initiatives for large corporate and governmental clients nationwide. Listen to this panel discuss:

1. The biggest challenges on working with new clients in E-Discovery.

2. Records Management readiness for first time clients.

3. Getting new clients to understand the importance of a litigation hold?

4. Is getting access to internal IT people harder with new clients?

5. How do they deal with cost concerns with new clients?

6. Is it typical for a new client to want to do as much possible in house as possible?

7. For the clients that do want to work in-house, does that cause you bigger concerns about changing meta data and the authenticity of ESI?

8. Is it harder to work with new clients in E-discovery as a team or is E-Discovery hard for everyone to project manage regardless of learning curve given the fact we still have a ways to go to effectively build better tools, processes, and project management skills?

9. How do new clients accept the Collaboration Proclamation of the Sedona Conference related to E-Discovery?

10. Helpful last tips for new clients?

Recorded 08/06/2009