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