Electronically Stored Information (ESI) and the Deal Lawyer
Original Broadcast Date: Wednesday, December 5, 2012
In this webinar, the speakers will explore various strategies and techniques that can be implemented by deal lawyers to proactively deal with eDiscovery disputes through carefully negotiated contractual provisions. They will evaluate how indemnification provisions, which are often negotiated without thoroughly evaluating future eDiscovery issues, should be negotiated with more of an emphasis on future litigation, especially given the costs associated with eDiscovery. They will address how sound information management and discovery practices, applied throughout the pre-closing life of a deal, can help your company minimize problems down the road and potentially change the entire valuation of the deal. Throughout the discussion the speakers will explore a variety of creative solutions for deal lawyers to minimize the exposure of eDiscovery issues (and the financial impact) before litigation ensues.
- Sam Miller
- Baker Donelson
Mr. Miller is a shareholder in Baker Donelson Center’s Nashville office and Co-Chair of the Firm's Intellectual Property Litigation Sub-Group, advises, protects and defends businesses and individuals involved in intellectual property and technology transactions and disputes. He has counseled a wide range of clients from individuals to small businesses to Fortune 500 companies in copyright, trademark, trade dress, patent, right of publicity, false advertising, internet defamation and other technology-related matters. Mr. Miller assists clients in finding ways to monetize their intellectual property assets through establishing licensing revenues, sales, conversions to capital, spin-offs and litigation.
- Drew Lewis
- eDiscovery Counsel
In his role as eDiscovery Counsel at Recommind, Mr. Lewis consults with outside counsel and in house legal departments about effective discovery strategies and the benefits of implementing predictive coding solutions. Prior to joining Recommind, he worked as a commercial litigator with Baker Donelson out of the firm's Nashville office. Mr. Lewis has handled all aspects of discovery in his representation of clients, and through his private practice developed a streamlined approach to discovery that was helpful in many clients being able to resolve their litigation favorably while still keeping costs in alignment with the budget of the client.