Defending and Dissecting the eDiscovery Process

Price: $224 OnDemand


Sign up today for an entire year of unlimited access to relevant, timely professional learning courses, including webinars, eLearning courses and OnDemand offerings, and keep your professional credits up to date. All for just $399.

Learn more about the subscription!



The faculty presenting this program will offer a profound exploration of eDiscovery “Defense-of-Process” and its mirror image on the requester’s side, “Dissection-of-Process” (collectively, referred to here as D-of-P.) Anticipating and executing a vigorous defense of the eDiscovery process goes to the very heart and soul of eDiscovery when preparing to litigate. Challenging the process by utilizing the art and science of search, statistics, sampling, gap analysis and other tools can be a key factor in finding dispositive documents or in revealing their absence and is one of the most important elements of the eDiscovery specialist’s stock-in-trade.

This program will reveal the manner in which to most effectively use such D-of-P tools in either defending or challenging the eDiscovery process. The overarching impact of D-of-P will be discussed revealing it as a process by which those seeking recognition as true specialists in the discipline of eDiscovery can gain a more profound understanding of the concept of quality in eDiscovery and the paths to achieve it. The ability to assume an effective defensive or offensive stance is organically bound to the core of the practice of eDiscovery and knowledge of these methodologies and the concepts and legal theories behind them may be the sine qua non of the true expert.

Moreover, during the program attendees will achieve an expansive understanding of Quality Control (QC), Quality Assurance (QA) and the metrics to be used in measuring the effectiveness of the eDiscovery process and its resulting production. The manner in which such techniques can be executed cost-effectively will be explored as well.  Also illuminated will be the manner in which the ultimate success of the eDiscovery validation (and invalidation) process is dependent, in large measure, upon the creative, investigative and oratorical capabilities of counsel (beyond his or her technical skills). In actuality, attendees will come to recognize that successful D-of-P is comprised of a combination of technical chops and advocacy skills and, unless both capabilities are well-represented in counsel, D-of-P is likely to be a very difficult row to hoe.

Educational Objectives:
• Understand the ways in which to effectively test and challenge the eDiscovery process by utilizing the art and science of search, statistics, sampling, gap analysis and other established (as well as innovative) D-of-P tools.
• Find out the manner in which D-of-P techniques can be utilized most cost-efficiently.
• Discover a clearer and more profound understanding of eDiscovery Quality Control (QC)  and Quality Assurance (QA), as well as the metrics to be used in measuring the effectiveness of the eDiscovery process and a resulting production. 
• Learn how successful D-of-P is comprised of a combination of “technical chops” and advocacy skills and, specifically, how best to hone said skills.
• Hear examples of how D-of-P (Defense of Process) can be effectively used to circumvent an attack on the sufficiency of a production and, on the obverse side, how D-of-P (Dissection of Process) can best be used as leverage to impact the ultimate outcome of a matter and, optimally, where feasible, to utilize the eDiscovery process to effect an “amicable” settlement of a matter.
• Gain an understanding of the relevant decisional law on D-of-P.

Who would benefit most from attending this program?
eDiscovery specialists as well as litigators and practice support professionals.



Robert Eisenberg is a Managing Director of the Empire Discovery Consulting Group. He is based in New York City and Washington, D.C. Mr. Eisenberg frequently conducts seminars, CLE courses, webinars and other presentations on the subjects of eDiscovery, computer forensics and information governance. He is the Founding Chair of The Advanced E-Discovery Institute at The Georgetown University Law Center. The Institute offers the only annual CLE program dedicated to the discipline of eDiscovery in the United States sponsored by a major law school and is presently in its 11th year. Mr. Eisenberg is also the originator and founding co-chair of Georgetown Law Center's eDiscovery Training Academy; a unique school for the comprehensive practical training of attorneys, practice support professionals and technical specialists in the entire spectrum of legal strategies and technological services that constitute the full practice of electronic discovery. He is the chair of Georgetown Law's eDiscovery Practice Support Distance Learning Program, and he sits on the Advisory Board for Bloomberg BNA's eDiscovery Resource Center. Mr. Eisenberg earned a J.D. from Hofstra University School of Law.


Ben Barnett is a partner at Dechert LLP and co-chairs the firm’s Complex Commercial Litigation group and is a nationally-recognized eDiscovery expert with significant experience effectively managing discovery in civil litigation and government or internal investigations. Working directly with in-house counsel, Mr. Barnett develops and executes strategies designed to achieve a client’s litigation objectives, limit the costs and risks associated with discovery, and improve a client’s position and processes to address potential discovery challenges in the future.

Mr. Barnett earned a J.D. from The Catholic University of America, Columbus School of Law, where he served as Note & Comment Editor of the Catholic University Law Review, and a B.A. from Kenyon College. He is admitted to practice in Pennsylvania, Maryland and the District of Columbia.


Matthew Knouff is eDiscovery Counsel with Complete Discovery Source, Inc., an award-winning, global electronic discovery services provider and technology developer. He advises law firms, corporations and government agencies worldwide on eDiscovery and information governance policies and processes, cost & risk reduction strategies and defensible deployment of technology during legal proceedings. Mr. Knouff has led numerous successful discovery efforts in 26 countries across five continents.  He is an active member of The Sedona Conference Working Groups 1 & 6 and the EDRM’s IGRM and Metrics Sections, Project Leader for the EDRM’s eDiscovery Maturity Self-Assessment Tool (eMSAT-1), former Chairman of the New York County Lawyers’ Association’s eDiscovery Sub-Committee.

Mr. Knouff earned a J.D. from the University of North Carolina School of Law and a B.A. in history and communications from the University of North Carolina at Chapel Hill.


Ariana Tadler, a partner with Milberg, specializes in class action litigation, with an emphasis on securities fraud and consumer-oriented cases. She has extensive experience litigating and managing complex and fast-paced securities class actions and is a leading authority on electronic discovery.

Ms. Tadler’s accomplishments include the successful prosecution of three cases in the Eastern District of Virginia (a.k.a the “Rocket Docket”) in less than four years, including In re MicroStrategy Securities Litigation in which plaintiffs’ counsel negotiated settlements valued at more than $150 million. Ms. Tadler served as one of the court-appointed plaintiffs’ liaison counsel in the Initial Public Offering Securities Litigation in which the court approved a $586 million cash settlement. Among the thousands of defendants in this coordinated action are 55 prominent investment banks and more than 300 corporate issuers. Ms. Tadler is currently serving as lead counsel in a number of consumer cases involving the use of GMOs.

As a widely recognized authority on electronic discovery, Ms. Tadler has been retained as Special Discovery Counsel in complex litigation and has chaired and spoken on e-Discovery at nationwide and international conferences. Ariana Tadler is the Immediate Past Chair and continues to be an active member of The Sedona Conference® Steering Committee for Working Group I on Electronic Document Retention and Production, the leading “think tank” on eDiscovery. Ms. Tadler is also a member of the Advisory Boards of Georgetown University Law Center’s Advanced E Discovery Institute and Bloomberg BNA’s eDiscovery Board of Advisors.

Ms. Tadler earned a J.D. from Fordham University School of Law and a B.A. from Hamilton College. She is admitted to practice in New York and New Jersey.


Martin Tully is a partner at Akerman Senterfitt and a veteran trial lawyer with national experience representing companies and individuals in complex commercial litigation concerning a broad array of fields and industries. He routinely represents clients in cases involving contract disputes, business torts, defamation, antitrust claims, trade secrets, and consumer class action defense. Mr. Tully is also considerably experienced in the alternative dispute resolution (ADR) context, having achieved favorable awards and results for clients in both arbitration and mediation proceedings, under the rules of the American Arbitration Association, JAMS Resolution Centers, and court-mandated dispute resolution programs.

Mr. Tully earned a J.D., cum laude, from DePaul University College of Law and a B.A. from the University of Illinois at Chicago. He is admitted to practice in Illinois.