Attention:
Card image cap

Don't be a 'Burden': Arguments Around Proportionality


Level: Advanced
Runtime: 63 minutes
Recorded Date: January 30, 2018
Click here to share this program
Download PDF

Agenda

12:00 pm - 1:00 pm
  • Overview of proportionality
  • Changes in the law
  • Where we are now
  • Where we want to be
  • The art of the Burden Argument
Runtime: 1 hour and 3 minutes
Recorded: January 30, 2018

Description

When it comes to managing discovery, companies are concentrating more than ever on how to manage and better control their ever-increasing data consumption. Join us for an interactive discussion with corporate and legal professionals around how the new proportionality rules are being leveraged to create strong burden arguments to greatly decrease a company’s overall eDiscovery spend.

This panel will discuss how to properly implement a workflow to be utilized for a large percentage of the company’s litigation profile as well as what makes a sound and convincing burden argument in the eyes of the Court.

This program was recorded on January 30th, 2018.

Provided By

Card image cap Legalweek
Card image cap

Panelists

Card image cap

Jennifer Kuchon

Office of General Counsel
Ford Motor Company

Card image cap

Rachael Lee Zichella

Partner
Taylor English Duma LLP

Rachael Lee Zichella practices both commercial litigation and labor and employment law at Taylor English, where she is a partner with experience representing corporations, boards of directors, and individuals in complex matters. She regularly appears nationwide in federal and state courts, and in arbitration, and litigates matters through trial, which she greatly enjoys. The Taylor English model allows Ms. Zichella to cultivate an efficient, pragmatic legal practice that encompasses a wide range of commercial disputes involving: the enforcement and invalidation of restrictive covenants agreements; theft of confidential information and trade secrets; the misuse of intellectual property; computer systems protection; fiduciary issues; breaches of commercial contracts; defamation; employee malfeasance, including fraud; shareholder derivative issues; subprime and credit markets; franchise disputes; the management and administration of construction contracts; and financial transactions. She also litigates traditional employment discrimination and wage and hour matters, and defends clients in charges before the Equal Employment Opportunity Commission (EEOC), National Labor Relations Board (NLRB), and other administrative bodies. Skilled in the use of computer forensics evidence, Ms. Zichella’s cases typically require the use of outside vendors to assist in the collection, processing, review, and production of large amounts of electronically stored information (“ESI”) culled from various sources. Ms. Zichella also assists other Taylor English attorneys in working with clients and outside vendors to develop protocols for document review and production that leverage cutting edge technology to minimize client costs. In addition to her litigation practice, Ms. Zichella collaborates with clients on key legal and business objectives. To that end, she helps clients develop data security initiatives to protect their intellectual property and proprietary information from bad actors inside and outside the workplace, and from cyber attacks. She also works with clients on preventive strategies for compliance with federal and state employment laws, including, without limitation, the Americans with Disabilities Act (ADA), Title VII, the Age Discrimination in Employment Act (ADEA), the Family and Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA) and others. In a similar vein, she frequently conducts internal investigations, and has most recently probed allegations of harassment; fraud; antitrust laws; and the False Claims Act.

Ms. Zichella also regularly negotiates and drafts employment and restrictive covenants agreements for both executives and corporations, and works with the Taylor English corporate attorneys on executive compensation and employment and litigation-related aspects of major transactions, including due diligence.

Since she joined the State Bar of Georgia in 2004, Ms. Zichella has been an active participant in its educational and charitable endeavors. She presently serves as one of the founding co-chairs of the e-Discovery and the Use of Technology Section of the Georgia Bar, which develops programming to educate and train Georgia lawyers across practice areas about all facets of legal technology and e-discovery, including the tools and applications; best practices and procedures; applicable rules and laws; and ethical considerations. She is also a member of the Georgia Appleseed Young Professionals Council.

Prior to joining Taylor English, Ms. Zichella worked in the Labor and Employment and Complex Business Litigation groups at Kilpatrick Stockton LLP, a general practice firm, and at Fisher & Phillips LLP, a national management-side labor and employment firm.

Card image cap

Ellen Blanchard

Director of Discovery & Information Governance
T-Mobile

As Director of Discovery and Information Governance at T-Mobile, Ms. Blanchard leads a team of experts who with the business to develop sound information governance best practices and respond to government inquiries and complex litigations. She uses her deep knowledge of the intersection of litigation, technology and discovery to work with all areas of the legal department on document retention and preservation, collection and review issues. She participates in several enterprise wide groups tasked with strategy decisions related to implementing new technologies and systems.

Prior to joining T-Mobile, Ms. Blanchard was a litigator at Boies, Schiller & Flexner LLP, where she represented several Fortune 50 companies in a variety of complex litigation matters as national eDiscovery Counsel. She also spent 2 years as Associate General Counsel and Director, eDiscovery Consulting at Evolver Legal Services where she counseled core clients to develop litigation plans that included negotiating the scope of discovery as well as conducting early case assessment and understanding the options for review, including technology assisted review.

Ms. Blanchard earned her J.D. from American University, and Bachelor's degrees in International Business, Japanese Studies and Psychology from Ohio Wesleyan University. She is admitted to the Washington State Bar and Virginia Bar. An active member of Sedona and Women in eDiscovery and a frequent speaker at eDiscovery conferences, Ms. Blanchard enjoys talking with others about Discovery Best Practices and sharing war stories.

Card image cap

Robert Levy

Counsel - Civil Justice Reform and Law Technology
Exxon Mobil Corporation

Robert L. Levy is an attorney in the law department of Exxon Mobil Corporation. His duties include representing ExxonMobil on civil justice reform initiatives and advising on law technology, including electronic discovery issues and records management.

Previously, Mr. Levy was a partner at Haynes and Boone, LLP where he practiced in the Business Litigation Section, focusing on international arbitration and technology litigation as well as advising on records management and electronic discovery issues. He also served as a briefing attorney for the Honorable Judge Robert Parker of the Eastern District of Texas and practiced at Johnson & Gibbs and Weil, Gotshal & Manges.

Mr. Levy serves as president of the Civil Justice Reform Group and co-chair of the eDiscovery and Federal Rules Subcommittee. He is on the Executive Committee of Lawyers for Civil Justice (LCJ) and chairs its Federal Rules Committee where he was active in leading LCJ’s efforts in support of revisions to the Federal Rules of Civil Procedure, including participation in the Federal Civil Rules Advisory Committee’s 2010 Duke Civil Litigation Conference and September 9, 2011 Mini-Conference on Preservation and Sanctions. Mr. Levy also is a member of the Texas Supreme Court Advisory Committee and is active in the US Chamber of Commerce Institute for Legal Reform and the American Tort Reform Association. He was a member of The Sedona Conference Working Group 1 on Electronic Discovery.

Mr. Levy received his JD from the University of Texas School of Law where he graduated with honors.


Card image cap

Similar Courses

Card image cap
64 minutes
"I Am Not a Cat" Proceedings in a Virtual World
Besides becoming a pop-culture catchphrase, how has the shift to a virtual environment impacted proceedings over the last year, and what changes do you believe are here to stay? Our panel of experts will examine some of the greatest challenges, faux pas, and successes in virtual proceedings over the course of this transformative time.

Women, Influence & Power in Law Conference

$65

Add to Cart
Card image cap
77 minutes
§ 363 Sale Issues
Dive into Section 363 sales issues, including whether there are limits to “free and clear”; the GM conflict between Sections 365(h) and 363(f) (“lease-stripping”); sales free and clear of leasehold interests, restrictive covenants and override royalties; being free and clear of successorships in CBAs; selling free and clear of environmental liabilities (La Paloma, Exide); and loan-to-own strategies.

American Bankruptcy Institute

$75

Add to Cart
Card image cap
63 minutes
2021: The Year of the ELM
Panelists will clarify what constitutes an ELM platform, examine its unique and compelling capabilities, and discuss its strategic and tactical advantages, particularly those stemming from data-driven insights and machine-driven decision making. Attendees will gain a clear understanding of the significance of the emergence of ELM solutions, what firms and law departments can achieve with ELM platform, and practical and ethical considerations related to adopting an ELM solution.

Legalweek

$65

Add to Cart
Card image cap
97 minutes
26 Words that Created the Internet - Basics of the Communications Decency Act Section 230 Safe Harbor
This program will examine the basics of CDA 230 and its day to day affect for those who advise internet businesses as well as those who litigate against them. It will give practical guidance as to what extend internet companies can or should edit or censor the information their users contribute to their sites and to what extent those users will actually be liable.

New Media Rights

$115

Add to Cart
Previous Next