From PREX17, learn from the best about how to negotiate through all stages of discovery.

Since the amended Federal Rules of Civil Procedure went into effect two years ago, parties and the courts have struggled to understand everyone’s rights and responsibilities while negotiating a reasonable scope of discovery. Where is the line between zealous advocacy and unethical misbehavior?

In this PREX17 session, “The Art of Negotiation: Determining What’s Reasonable,” our panelists discussed appropriate cooperation, negotiating with both opposing counsel and clients throughout the stages of discovery and how to prepare for meet-and-confers. The panelists offered their opinions about when to use technology-assisted review and how to protect privilege.

Moderator Michael Arkfeld, Faculty Fellow at Arizona State University Law School and Principal of Arkfeld & Associates, led a discussion with:

  • The Honorable Andrew J. Peck, U.S. Magistrate Judge for the Southern District of New York;
  • David Cohen, Chair of Records and E-Discovery Group at Reed Smith; and
  • Brett Tarr, Counsel, Litigation, E-Discovery and Information Governance at Caesars Entertainment.

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