E-Discovery: Document request responses under FRCP 34’s and 26’s and how to reduce the burdens of privilege logs

Erin Tison
Erin Tison
Orrick Herrington & Sutcliffe LLP

Erin Tison is a Senior eDiscovery Attorney at Orrick. She advises clients on eDiscovery and discovery matters in the federal courts. She brings substantial federal court litigation experience, including first-chair trial work.

Meghan Podolny
Meghan Podolny
Hunton Andrews Kurth LLP

Meghan Podolny is counsel in the Hunton Andrews Kurth’s litigation practice and the head of the Information Governance & eDiscovery Group, which focuses on providing state‐of‐the‐art data management and strategic counsel.

On-Demand: October 18, 2022

E-Discovery: Document request responses under FRCP 34’s and 26’s and how to reduce the burdens of privilege logs

$195.00 2 hour CLE

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Program Summary

Session I - Document Request Responses Under FRCP 34's and 26's Exacting Standards: Answering broad requests – Erin Tison

The 2015 amendments to FRCP 26 and 34 are still a struggle for some. The Federal Rules require the parties responding to document requests to provide specific objections and state whether responsive documents are being withheld. Nevertheless, many attorneys continue to use boilerplate and vague pre-2015 responses and objections, which some judges have reasoned are legally meaningless and therefore waived.

This program will explore the challenges in responding to document requests – particularly broad requests – under Rule 26 and 34 and propose practical solutions to several perennial written discovery problems.

Key topics to be discussed:

  • The 2015 revisions to FRCP and how courts and practitioners have responded to these changes
  • How to draft an objection "with specificity" and avoid boilerplate objections
  • Describing burden and identifying what is being produced vs. what is being withheld
  • Additional nuts and bolts when drafting objections

Session II - Reducing the Burdens of Privilege Logs - Meghan Podolny

To shield privileged communications and work product from discovery, counsel must review the documents, expressly assert the right to withhold the items, and describe them in a manner that will enable other parties to assess the claim. But this process has become increasingly more expensive with the exploding volume of electronically stored information. This CLE course will provide attendees with practical guidance and innovative ways to achieve that goal while reducing the burdens of producing defensible privilege logs under Fed. R. Civ. P. 26(b)(5)(A).

The presentation will discuss application of Federal Rule 26(b)(1)'s proportionality standard in the privilege logging process; (2) identify ways to use alternative privilege log formats; and (3) explain best practices to help avoid inadvertent production and waiver of protections during the discovery process.

Key topics to be discussed:

  • The 2015 Amendment to Rule 26 and the emphasis of proportionality in discovery
  • Alternative formats for privilege logs, including categorical, metadata, and “metadata plus”
  • Practices for avoiding inadvertent production and waiver

This course is co-sponsored with myLawCLE.

Date: October 18, 2022

Closed-captioning available

Speakers

Erin-Tison_Orrick-Herrington-&-Sutcliffe-LLP_FedBarErin Tison | Orrick Herrington & Sutcliffe LLP

Erin Tison is a Senior eDiscovery Attorney at Orrick. She advises clients on eDiscovery and discovery matters in the federal courts. She brings substantial federal court litigation experience, including first-chair trial work, to guide clients through the discovery process to mitigate risk that might affect the overall outcome. She focuses her practice on responding to government regulatory, civil, and criminal investigations, as well as government and general complex commercial litigation.

Erin advises on the eDiscovery aspects of responding to government subpoenas and information requests and provides strategic guidance on complex legal and privilege issues. Her practice also involves conducting internal investigations of companies around the world, including interviewing corporate executives and employees and analyzing complex documents, data, and other information.

 

Meghan-Podolny_Hunton-Andrews-Kurth-LLP_FedBarMeghan Podolny | Hunton Andrews Kurth LLP

Meghan Podolny is counsel in the Hunton Andrews Kurth’s litigation practice and the head of the Information Governance & eDiscovery Group, which focuses on providing state‐of‐the‐art data management and strategic counsel for clients on information governance and eDiscovery planning to corporate clients across multiple industries. Her experience includes developing and implementing best practice guidelines on enterprise‐level information governance and approaching her clients’ eDiscovery challenges with innovative and cost‐effective technology solutions that promote efficient handling of complex data management projects.

She frequently serves as eDiscovery counsel to advises and lead massive discovery response plans, often in response to internal investigations, governmental subpoenas or other requests. Ms. Podolny regularly leads presentations advising clients and lawyers alike on preservation obligations and strategies, predictive coding, and cross-border discovery issues. She is also a frequent speaker and writer on a number of issues related to electronic discovery, data preservation, privilege waiver, and employee communication privacy concerns.

Agenda

Session I – Document Request Responses Under FRCP 34’s and 26’s Exacting Standards: Answering broad requests | 12:00pm – 1:00pm

  1. The 2015 revisions to FRCP and how courts and practitioners have responded to these changes | 12:00pm – 12:15pm
  2. How to draft an objection “with specificity” and avoid boilerplate objections | 12:15pm – 12:30pm
  3. Describing burden and identifying what is being produced vs. what is being withheld | 12:30pm – 12:45pm
  4. Additional nuts and bolts when drafting objections | 12:45pm – 1:00pm

Break | 1:00pm – 1:10pm

Session II – Reducing the Burdens of Privilege Logs | 1:10pm – 2:10pm

  1. The 2015 Amendment to Rule 26 and the emphasis of proportionality in discovery | 1:10pm – 1:30pm
  2. Alternative formats for privilege logs, including categorical, metadata, and “metadata plus” | 1:30pm – 1:50pm
  3. Practices for avoiding inadvertent production and waiver | 1:50pm – 2:10pm