Join leading jurists, in-house counsel, outside counsel, and eDiscovery experts online (via Zoom) on March 29-31, 2022, for this unique program which helps participants develop practical skills in eDiscovery negotiation. In the program, participants are trained to negotiate effectively with opposing counsel, in order to ensure efficient, cost-effective fact-finding, and avoid unnecessary disputes, consistent with Rule 1 of the Federal Rules of Civil Procedure and the ethical obligations of attorneys as officers of the court.
Since the pandemic began, the parties to litigation have been conducting Rule 26(f) conferences online and the courts have been conducting Rule 16 conferences online. Most courts have found online conferences to be very effective and more efficient than in-person conferences and have announced that online Rule 16 conferences are here to stay. Given that much of pretrial practice has now moved online, our eDiscovery Negotiation Training program will be conducted online to mirror current pretrial practice.
The program features a heavily participatory format. Through use of a litigation hypothetical, faculty demonstrations, and mock negotiation and hearing exercises, participants explore practical cooperative strategies to avoid or resolve conflicts that commonly occur in the preservation, collection, production, and use of electronically stored information.
Under the supervision of the experienced faculty, participants take part in three mock Rule 26(f) conferences focusing on scope of discovery, preservation, form of production, privilege, and social media, in both breakout sessions and plenary sessions. Some participants also have an opportunity to participate in a mock Rule 16(b) case management conference during a plenary session, with one of our judicial faculty members presiding. The faculty of veteran trial lawyers, eDiscovery experts, and judges provide opportunities for dialogue, demonstrations, and valuable critique of the attendees' performances in the exercises.
Application for an Invitation
Participation in this program is significantly limited to ensure a high instructor-attendee ratio and a strong participatory experience. Participants receive personalized feedback and critique from faculty members, and in many cases, have the opportunity for a one-on-one dialogue with faculty members. For this reason, it is necessary to limit the number of participants. Additionally, the program is "invitation only" to ensure a proper balance of participants.