The Court finds the parties could have avoided the expenses of this Motion by conferring appropriately early in the case about ESI.
United States Magistrate Judge Michael R. Merz, Wells Fargo Bank, N.A. v. LaSalle Bank Nat’l Ass’n, 2009 U.S. Dist. LEXIS 70514 (S.D. Ohio July 24, 2009).
Case law is riddled with attorneys failing to comply with their statutory requirement to meet with their opposing counsel to discuss electronic discovery. This failure to meet, most likely from inexperience instead of gamesmanship, can drive up discovery costs. It can also result in a judicial lashing in open court.
Please join Connie Merriett, Esq., Dechert, LLC and Peter Coons., D4 LLC for a discussion on meet & confer best practices on May 19, 2010 at 12:00 am PST/3:00 pm EST.
Meet Early, Meet Often, will address
- Recent case law addressing meet and confers pitfalls
- Best Practices for Meet & Confer Preparation
- The Sedona Cooperation Proclamation
- Strategies for discussing a Discovery Plan addressing preservation protocols, mandatory disclosures and form of production agreements
- Discuss Meet & Confer Strategy with a mock fact pattern
About the Presenters:
Connie Merriett, Esq., Dechert, LLP
Connie E. Merriett, Esq., is an Intellectual Property Litigation Association at Dechert, LLP. Ms. Merriett focuses her practice on patent and trade secret litigation for high technology companies, primarily in the computer, semiconductor, and electronics industries.
Ms. Merriett has served as the lead attorney on the entire range of pre-trial and trial matters and has developed especially strong experience in coordinating all phases of discovery, evaluating patent damages, Markman hearings, and in handling all phases of trial preparation for technically complex cases. Ms. Merriett also has experience with cases involving software copyright issues and trademark issues.
Ms. Merriett is a courtroom veteran who has appeared in federal and state courts throughout the country. She recently argued a successful motion, under 35 U.S.C. section 285, for attorneys fees in a high-profile patent case on behalf of computer-maker Gateway. On behalf of computer-maker Acer, Ms. Merriett played an integral role in a multi-patent litigation in the Western District of Wisconsin. She developed the non-infringement and invalidity analyses for a patent relating to technology for computer touch pads, managed discovery, and briefed and argued the Markman hearing.
Peter Coons, Vice President, D4 LLC
As Vice President of D4, Peter Coons is focused on implementing innovative e-Discovery solutions for D4 and its clients. Peter has nearly fourteen years of experience in the legal technology field and holds multiple industry certifications related to computer forensics. He has testified as a computer forensic expert witness and has been appointed by a District Court as a neutral third party examiner. He has vast experience orchestrating large scale electronic data collections relating to litigation, audits, or regulatory requests. He has also written articles on computer forensics and e-Discovery that have been published in legal periodicals.
Prior to joining D4, Peter worked at Baker Robbins & Company, Electronic Evidence Discovery, Inc., and New York Life Insurance Company. At those organizations his roles comprised managing operations to coordinating litigation support services for internal and external clients.