PREX15: Balancing Adversarial Strategy and E-Discovery Cooperation

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E-discovery has re-introduced in a powerful way an old and often dismissed concept in litigation: cooperation among adversarial parties. Lawyers, and litigators in particular, are bred to fight, to rebuff and to confront their opponents. To be managed effectively, the e-discovery process requires at least some level of cooperation. E-discovery sets the stage for a collision of these two forces.

Balancing these two behaviors was the subject of a lively panel discussion at the PREX15 Conference on Preservation Excellence. An impressive panel was assembled for the discussion in which all parties were represented. Panelists included:

  • Ariana Tadler, Partner, Milberg LLP, moderator
  • Michael Arkfeld, Director of the Arkfeld eDiscovery and Digital Evidence Program, Sandra Day O’Connor College of Law, Arizona University
  • Robert Owen, Partner, Sutherland Asbill & Brennan LLP
  • Justin Underwood, Global Head of eDiscovery for Teva Pharmaceuticals
  • Hon. Dave Waxse, U.S. Magistrate Judge, District of Kansas

All panelists agreed, at least to a degree, that cooperation throughout litigation is healthy and can lead to an expeditious and judicious resolution of a case that can save the client time and money. However, their discussion brought to the fore the many pressures that argue against a cooperative approach to resolution. 

Download Balancing Adversarial Strategy and E-Discovery Cooperation or the entire PREX15 Proceedings:2016 Legal Holds and Data Preservation

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