2016 E-Discovery Report: Views from Both Sides of the Bench

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This is a complimentary program sponsored by Exterro.

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In today’s “Digital Age,” everything changes at lightning-speed and everyone is required to adapt quickly. In the world of eDiscovery, things are no different; being undereducated and underprepared is no longer an option. However, an expectation gap still exists between what judges expect related to the process of eDiscovery and what attorneys think is appropriate, which is clearly shown in Exterro’s 2nd Annual Federal Judges Survey.  Like last year, we asked judges to participate, but to gain a broader view, this year we invited attorneys who specialize in e-discovery to weigh in on the same questions (Respondents: 14 Federal Judges, 22 Attorneys).  The results this year will give legal professionals an inside look on how judges and attorneys respond to the same e-discovery questions along with information to improve their pre-trial litigation practices in 2016.

Educational Objectives:
• Overview of survey results around the FRCP eDiscovery amendments, general eDiscovery competency in the legal market and the effects of other emerging technology trends (mobile, social media, cloud) on litigation practices.
• Panelists from both sides of the bench, judge and attorney, will compare and contrast the attorney and judges responses, enabling attendees to see where the major gaps in eDiscovery occur.
• Best practices and tips to improve your litigation process that will help secure defensibility around eDiscovery activities without increasing legal spend.

Who would benefit most from attending this program?
Any professional (attorney, paralegal, litigation support, general counsel, IT professional, CIOs) who is involved with litigation, as eDiscovery is an integral part of the discovery and early case assessment process.  By having a greater grasp on eDiscovery principles and where problems may arise, litigation professionals can mitigate eDiscovery risks such as spoliation of evidence and increased legal spend based on collecting and reviewing irrelevant data.


Big Law Business


This is a new program in a new series for our Big Law Business community.  To learn more about Big Law Business and sign up for our newsletter please visit www.biglawbusiness.com




David Yerich, Esq., Director of E-Discovery, UnitedHealth Group

Mr. David Yerich oversees processes, protocols and tools that UnitedHealth Group utilizes in its electronic discovery production in regulatory and legal matters.  One of the nation’s leading experts in discovery, he previously worked as the Electronic Discovery Consultant and Faegre & Benson, a large Minneapolis law firm, and for ten years at the large international company, Cargill, where his work focused on document and electronic records management, eDiscovery strategies and document productions.

Hon. Craig B. Shaffer, United States Magistrate Judge, District of Colorado

Hon. Craig B. Shaffer has been a United States Magistrate Judge for the District of Colorado since January 2001. Magistrate Judge Shaffer graduated from the College of William and Mary in 1976 and received his juris doctor cum laude from Tulane University’s School of Law in 1979.  Judge Shaffer has served as a Navy judge advocate, a senior trial attorney with the United States Department of Justice, and in private practice as a partner in two different Denver law firms.  Judge Shaffer is also a member of the Advisory Board for the Sedona Conference and has been a contributor to the University of Denver’s Institute for the Advancement of the American Legal System.

Hon. John Facciola (Ret.), United States Magistrate Judge, District of Columbia

Hon. John M. Facciola was appointed a United States Magistrate Judge in the District of Columbia in 1997.  Prior to being appointed to the bench, he served as an Assistant District Attorney in Manhattan from 1969-1973, and was in private practice in the District of Columbia from 1974-1982.  Judge Facciola joined the U.S. Attorney’s Office in 1982 and served as Chief of the Special Proceedings section from 1989 until his appointment as Magistrate Judge.  Judge Facciola is a frequent lecturer and speaker on the topic of electronic discovery.  Judge Facciola is a member of the Sedona Conference Advisory Board, the Georgetown Advanced E-Discovery Institute Advisory Board and he is also the former Editor in Chief of The Federal Courts Law Review, the electronic law journal of the Federal Magistrate Judges Association.  He has recently been appointed to the Board of Directors of the Federal Judicial Center.