The Art of Discovery: Leveraging Proportionality to Reduce Client Burden
Description
Does this sound familiar? The issues in your case are narrow, but opposing counsel is demanding that your client disclose documents and provide witnesses for deposition that are completely disproportionate to the needs of the case. What began as a friendly dispute has grown into fiercely contentious litigation, including the service of broad and invasive discovery requests and its’ clear that opposing counsel is only interested in using discovery as a weapon to impose unreasonable burdens on your client and drive up the cost of litigation.
Learn how to put a stop to these excessive requests and more. Join our expert panelists to discuss the proper scope of discovery in litigation and "proportionality" as defined by Rule 26(b)(1) of the Federal Rules of Civil Procedure. Explore how to apply the standard to curtail unreasonable requests for the production of documents, as well as other tools such as depositions, requests for inspection, and discovery requests directed to third parties.
Our panelists will also share how they have applied the proportionality standard in previous litigation as well as the challenges that often face practitioners in their practice areas.
Learning Objectives:
- Understand how to interpret proportionality, as defined by Federal Rule of Civil Procedure 26(b)(1).
- Explore strategies to apply the proportionality standard and curtail improper discovery requests in various practice specialties.
Who would benefit from attending this program?
- Law firm attorneys advising clients in civil litigation matters
- In-house counsel involved in litigation matters
Moderator Robert Dillard
- Principal Legal Analyst
- Bloomberg Law
Robert Dillard is a legal analyst on the litigation team. Prior to joining Bloomberg Law, Robert was a litigator and in-house counsel at both small firms and state government agencies. His practice focused on government contracts and employment law while representing clients before state, federal, and administrative courts. Robert earned his B.S. from Morehouse College and his J.D. from Georgetown University.
Moderator Golriz Chrostowski
- Principal Legal Analyst
- Bloomberg Law
Golriz Chrostowski is a legal analyst on the litigation team. Prior to joining Bloomberg Law, Golriz was a partner in the Washington, D.C., office of Wilson Elser, where she worked on a wide variety of complex litigation matters for seven years. Before that, Golriz worked as a litigation associate at a boutique litigation firm in New York for five years. Golriz received her undergraduate degree from Georgetown University and her law degree from Suffolk University Law School in Boston.
Katherine Charonko
Partner Katherine E. Charonko is a partner and litigator at Bailey Glasser and is a pioneer in the field of Electronically Stored Information (ESI). She is a Certified e-Discovery Specialist, a globally recognized credential that assures her clients are served through strategic, cost-effective, and effective e-Discovery protocols and practices. Ms. Charonko is the firm’s ESI Practice Group leader, designing strategies that offer structured and conceptual analytic approaches to e-Discovery, including document review strategy, collective and preservation strategies, technology assisted review (TAR), ESI protocols, and e-Discovery training and implementation practices. She is part of the firm’s multidistrict litigation (MDL) teams, concentrating largely on automotive and medical device product liability actions, as well as serving as liaison director of e-Discovery and ESI on several MDL leadership committees. Ms. Charonko is a featured lawyer in the 2019 book 50 Lessons for Women Lawyers from Women Lawyers by Nora Riva Bergman, where she shares in part that “passion has always guided me to my chosen path.”
David R. Cohen
David R. Cohen is a partner at Reed Smith, where he leads the 70+ lawyer Records & E-Discovery practice group. A graduate of Harvard Law School, he concentrates his practice on assisting organizations with e-discovery and information governance needs, including proportionality briefing and arguments. He also serves as Chair of the EDRM Project Trustees, is on the Advisory Board of the Georgetown Advanced eDiscovery Institute, and is on the SOLD Advisory Board. The primary architect of the E-Discovery App, Mr. Cohen has also served as a court-appointed E-Discovery Special Master.
Daniel Garrie
- Founder
- Law and Forensics
Daniel Garrie is the founder of Law & Forensics LLC, a boutique cybersecurity and forensic engineering firm, and leads the eDiscovery and forensic practice teams. As a licensed attorney with a Bachelor's and Master's in Computer Science, Daniel has been a dominant voice in cybersecurity, computer forensics, and e-discovery for over 20 years. He is an experienced arbitrator, court-appointed special master, JAMS Neutral expert, and trusted advisor to law firms and organizations.
Mr. Garrie has testified as an e-discovery and computer forensic expert witness and served as a discovery referee and special master in hundreds of State and Federal Courts, administrating proceedings, and arbitrations. He was appointed and served recently as the Special Master in the Cambridge Analytica proceedings.
