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Proportionality and E-Discovery 18 Months Later: What Have We Learned?

Level: Advanced
Runtime: 62 minutes
Recorded Date: May 24, 2017
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  • Cooperation is of paramount importance
  • Failure to cooperate can be material
  • How to best cooperate?
  • Proportionality and Technology
  • Phased Discovery
  • Conclusion
Runtime: 1 hour
Recorded: May 28th, 2017


With the Rule amendments (December 1, 2015) exhorting judges to exercise their preexisting control over discovery more exactingly, there have been several noticeable case law trends that litigants should be aware of to effectively navigate the discovery process.

This webinar will explore those trends, and their intersection with technology, to provide practical advice for managing discovery from start to finish.

This program was recorded on May 24th, 2017.

Provided By

American Bar Association
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Adam Strayer

Consulting Director

Adam Wright Strayer leads Technology-Assisted Review (TAR) for BDO’s Forensic Technology Services practice. With nearly 15 years of experience working on large, data-intensive investigations, including as an attorney investigating federal antitrust violations at the U.S. Federal Trade Commission (FTC), Adam advises organizations and their counsel on strategic and tactical e-discovery matters, providing hands-on support for the use of data analytics and TAR.

An authority on e-discovery strategy and implementation, Adam guides clients through all aspects of e-discovery and data management. He has extensive technical experience applying TAR and developing predictive coding workflows in complex e-discovery disputes, and understands the commitment and resources required for success. Adam has worked with the nation’s top law firms and Fortune 500 organizations.

Prior to joining BDO, Adam was a senior consultant at Kroll Ontrack, where he delivered client-tailored solutions to meet e-discovery needs, focusing on antitrust and big data projects. He also served as the Director of Advisory Services for CDS Legal, overseeing project management engagements on e-discovery strategy, analytic technologies and best practices. Adam began his career at the FTC in the Mergers II Division, where he reviewed proposed mergers and acquisitions for antitrust

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Kevin P. Broughel

Paul Hastings, LLP

Kevin Broughel is a partner in the Litigation practice of Paul Hastings and is based in the firm's New York office. Mr. Broughel focuses his practice in the areas of securities and shareholder disputes and financial services litigation. Mr. Broughel has represented clients in disputes and governmental investigations relating to the subprime mortgage and credit crisis, including various CDO litigations. He also has extensive experience with corporate governance and fiduciary duty issues in both state and federal courts. Mr. Broughel currently serves as ABA co-chair for Programming for the Pretrial Practice and Procedure Committee.

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