Transparency in Discovery: Living in a Glass House
Original Broadcast Date: Wednesday, June 12, 2013
One of the increasingly-favored trends in discovery is for parties to be transparent, especially when using technologies such as predictive coding, during the review and analysis phase. But the Rules of Civil Procedure do not require such transparency, so why do some believe that they have access to attorney work product and even non-responsive documents? In this webinar, our speakers will examine the current state of cooperative discovery and assess the pros and cons when it comes to transparency. They will discuss whether and when it is advisable to disclose the use of technology in the discovery process, and best practices for such disclosure. They will also take up the often controversial issue of disclosure of seed sets, or training documents, and the perils for counsel when disclosing non-responsive information. Given the variance between different technology vendors when it comes to training review systems, this webinar is a must for any lawyer considering the use of predictive coding or other forms of technology assisted review.
- Clinton Sanko
- Baker Donelson
Mr. Sanko represents local, regional and national clients in complex business litigation. This commercial litigation experience has included a variety of matters and settings, including contract disputes, intellectual property, alternative dispute resolution and appellate work. Mr. Sanko also focuses on the area of e-discovery. He has counseled clients in a variety of litigation contexts, including matters concerning in-depth e-discovery issues.
- 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 within their budget.