If you’ve encountered any eDiscovery disputes over the last five years or so, you’ve probably seen plenty of arguments about proportionality—and you probably know that proportionality can be wielded both as a shield and a sword. A shield, in that it protects against over-expansive, unnecessary discovery. A sword, in that it can strike against otherwise reasonable requests due to a party’s slow, expensive, or outdated processes.
Indeed, ever since the 2015 amendments to the Federal Rules of Civil Procedure brought renewed emphasis to the role of proportionality in scoping eDiscovery, proportionality disputes have skyrocketed.
Being able to separate legitimate proportionality claims from the rest has become a serious challenge—and even if a process is expensive and time-consuming, does that make it disproportional if the producing party is just taking an out-dating, inefficient approach to eDiscovery?
These are tough questions, but we’ll do our best to answer them in an upcoming CLE webinar on “winning the proportionality battle.”
Featuring the Senior Vice President of NBCUniversal’s legal department, Mariano Schwed, and seasoned litigators David Slarskey and Renee Bea, partners at Slarskey LLP, this webinar will cover topics such as:
Standards for evaluating the proportionality of discovery requests
Strategies for identifying “legitimate” burdens vs. just bad process
Best practices for reducing eDiscovery burdens
How to get “ahead of the burden”—and how that can keep you ahead of your opponents
Join us at 10am Pacific // 1pm Eastern, Wednesday, May 12, for this can’t-miss presentation. One hour of California MCLE credit is available to attendees.
David Slarskey is a litigator and trial attorney with broad experience in all aspects of dispute resolution, from pre-complaint negotiations through trial and appeals. The hallmark of David’s practice is fantastic clients of all stripes — from individual entrepreneurs, to health care institutions, private equity, and law firms — who need dedicated, creative, and innovative counsel to help them achieve their objectives. In addition to his work in the courtroom, David has served as a member of the New York City Bar Association Judiciary Committee, Litigation Committee, and Committee on Professional Responsibility. David has been a lecturer on ethics and legal writing, and served as Secretary of the New York State Bar Association "Task Force on the Future of the Legal Profession.”
Renee Bea is an entrepreneurial and seasoned trial lawyer with more than fifteen years of experience representing clients in litigation, trial, arbitration, and appellate proceedings. Her practice focuses on complex business disputes, fraud, financial services, and intellectual property litigation. Renee represents a broad set of clients across sectors including green energy, technology, medicine and social media. Ms. Bea is licensed to practice in both California and New York.
Mariano Schwed has more than 22 years of experience as a lawyer, including nearly two decades working in-house at NBCUniversal. In his role as Senior Vice President of NBCUniversal’s Law Department, Mariano has unprecedented insight into both the burdens corporate clients face when responding to expansive discovery requests and the strategies that can significantly reduce those burdens.
Can’t make it? Register anyway and we’ll send you the recording after.