Stop the Lip Service: Real Advocacy Under the Federal Rules

Level: Advanced
Runtime: 61 minutes
Recorded Date: February 02, 2017
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  • Discovery planning and preservation
  • Timing and sequence of Discovery
  • Discovery scope and limits
  • Objecting to documents requests
  • Clarified standards for sanctions
  • Advantages
  • Questions and answers
Runtime: 1 hour
Recorded: February 2, 2017


While counsel has been overrun with news that the Federal Rules of Civil Procedure have changed – very little guidance has been provided to in-house counsel and large data holders on how to leverage the 2015 Amendments to prevent discovery side-shows that waste time and drive costs.

This program will discuss how to use the new rules to your organization’s advantage in litigation, including effectively negotiating scope in discovery, cutting short unduly burdensome and disproportionate requests; and re-scoping preservation requirements with concepts of proportionality.

This program was recorded on February 2nd, 2017.

Provided By



Patrick Oot

Shook, Hardy & Bacon LLP

Patrick Oot is a Chambers-ranked global practice leader in e-discovery and government investigations. Patrick is recognized in Who’s Who Legal for his expertise in electronic discovery and data privacy. He is one of the few e-discovery and compliance attorneys in the nation that possesses the tripartite experience of an in-house corporate counsel from a Fortune 16 organization; a senior attorney at a federal regulatory agency; and a partner in a global firm.

Patrick works towards merits-based case strategy to avoid litigation issues that arise from electronic discovery. He has negotiated favorable scope and terms in both government investigations and civil litigation for his clients. He has both prepared 30(b)(6) deponents for electronic discovery issues and testified regarding highly technical issues on behalf of organizational clients in federal litigation. Patrick has also directed counter-discovery strategy against legal adversaries using computer forensics and digital investigations techniques. He has successfully defended against “discovery-on-discovery” in motion practice.

Before joining Shook, Hardy & Bacon, Patrick served as Senior Special Counsel for Electronic Discovery in the Office of the General Counsel at the U.S. Securities and Exchange Commission (SEC). During his tenure at SEC, Patrick co-chaired the agency’s cross-divisional Electronic Discovery Action Team and co-authored The SEC Electronic Discovery and Litigation Response Manual. He counseled SEC senior leadership and agency staff on best practices and guidance for discovery and litigation strategy and privilege protections and on strategically significant matters involving forensics, technology and Electronic Communications Privacy Act interpretation for subpoena enforcement. Patrick appeared twice as SEC’s 30(b)(6) deponent to defend the agency’s discovery practices with favorable outcomes to the agency. He successfully designed and implemented SEC’s preservation process as well as a federal government-wide educational program that includes participation of the federal judiciary.

Prior to serving at SEC, Patrick was an experienced in-house counsel leading Verizon’s electronic discovery practice as Director of Electronic Discovery and Senior Litigation Counsel. Patrick was one of the nation’s first in-house attorneys charged to create and deploy defensible policies, guidelines and procedures for litigation response. While at Verizon, Patrick testified as the company’s Federal Rules of Civil Procedure 30(b)(6) witness, defending the same policies and guidelines that he helped design and implement. In 2006, he was nominated for the Verizon Excellence Award after playing a key role in the successful completion of Verizon’s response to the Department of Justice’s Second Request for Documents in its acquisition of MCI. As a result of his work, Inside Counsel magazine named Verizon’s e-discovery team as one of the ten most innovative legal groups of 2007, the group’s second year winning the title. In 2007, Patrick appeared with U.S. Supreme Court Justice Stephen Breyer at Georgetown University Law Center’s H5 Summit on Electronic Discovery. He has testified before the U.S. Judicial Conference’s Advisory Committee on the Federal Rules of Evidence where he presented his position on Proposed Rule of Evidence 502. The committee included language incorporating his suggestions in its draft to the Judicial Conference.

Outside of work, Patrick volunteers his time as a co-founder of The Electronic Discovery Institute, a non-profit organization that conducts studies of litigation processes and produced education programs for the benefit of the federal and state judiciary. Patrick lectures regularly at educational events and legal conferences internationally. He has appeared on National Public Radio’s Morning Edition and was interviewed for the August 2008 edition of The Economist.

Jamie Brown

Consulting Attorney - Law & Technology

Jamie Brown is a seasoned litigator and corporate counsel with specialized expertise in cross-border e-discovery, e-compliance, digital investigations, data privacy and information technology law. One of the few e-discovery and compliance attorneys in the country with the tripartite experience of an in-house corporate counsel from a global company; a senior attorney at a federal regulatory agency; and a law firm partner.

Robert D. Owen

Eversheds Sutherland LLP

Bob Owen has decades of commercial litigation experience in New York and around the country. A nationally recognized adviser to financial services, energy and technology companies, Bob is known for efficient, creative and early dispute resolution. He has handled hundreds of cases before federal and state courts and arbitration panels throughout the United States. His accomplishments as a trial lawyer have been recognized by the National Institute of Trial Advocacy which has invited him to teach trial skills at its flagship national program in Boulder, Colorado (seven times) and at many of its regional programs.

Bob is a nationally recognized authority in e-discovery, managing the costs and risks that e-discovery now adds to the litigation calculus. Bob currently serves as Partner in Charge of the Eversheds Sutherland (US) New York office. Chambers consistently rates him as one of six first rank leading individuals in e-discovery nationally, and reports that he is “‘clearly a leader in the field’ of e-discovery” who is “revered by his clients as ‘a visionary whose knowledge…of e-discovery is top tier’” and is “recognized as ‘a seasoned litigator who has the unique perspective of being both skilled in the law and in technology.’” In addition, he is president of the non-profit Electronic Discovery Institute and a member of Bloomberg Law’s Litigation Innovation Board, which advises Bloomberg on the company’s forthcoming litigation and analytics solutions.

George Socha

Managing Director
BDO Consulting

George Socha is a Managing Director in BDO Consulting’s Forensic Technology Services practice. Named an “E-Discovery Trailblazer” by The American Lawyer, he assists corporate, law firm, and government clients with all facets of electronic discovery, including information governance. George has served clients in a variety of industries including pharmaceutical, energy, retail, banking and technology, among others. As a renowned industry thought leader, Mr. Socha has authored more than 50 articles and spoken at more than 200 engagements across the world on a variety of e-discovery topics. His extensive knowledge has also been utilized more than 20 times to provide expert testimony.

Co-founder of the Electronic Discovery Reference Model (EDRM), a framework that outlines the standards for the recovery and discovery of digital data, and the Information Governance Reference Model (IGRM), a similar framework specific to information management, George is skilled at developing and implementing electronic discovery strategies and managing electronic discovery processes.

Prior to joining BDO, George spent 16 years as a litigation attorney in private practice before starting his own consulting firm focused on e-discovery issues in 2003. George has also served as a guest lecturer at universities across the United States.

George has a J.D. for Cornell Law School and a B.A. from the University of Wisconsin-Madison.

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