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Safeguarding the Attorney-Client Privilege in Discovery

Safeguarding the Attorney-Client Privilege in Discovery

The attorney-client privilege is one of the most important legal traditions in the United States. Hailed as one of the lynchpins of the adversary system, it has been called everything from sacred and sacrosanct to essential and compellingly important. And yet, safeguarding privileged information has become particularly challenging in the age of eDiscovery. This is due to the massive amounts of email and other electronic data now existing in most corporate electronic information systems. Given the sheer volume of potentially relevant information, it is often difficult to identify privileged communications and then withhold them from discovery. Despite these challenges, there are strategies and tools available to help counsel protect client privilege claims in discovery. Come listen to a panel of experts provide a variety of perspectives on the issues and spotlight best practices for safeguarding privilege claims.
Topics covered include: 

  • The strategic importance of privilege reviews in the context of discovery and litigation
  • The impact that counsel’s relationship with litigation adversaries and the courts has on the development of the privilege review process
  • Methods for simplifying privilege logging requirements
  • Strategies for designing an effective review workflow
  • Effectively using service providers and vendors

Xavier Rodriguez

Xavier Rodriguez
US District Judge
Western District of Texas

Xavier Rodriguez is a former Texas Supreme Court Justice and currently sits on the bench as a United States District Judge for the Western District of Texas. He received his bachelor’s degree from Harvard University, a master’s degree from the University of Texas LBJ School of Public Affairs and a doctor of jurisprudence degree from the University of Texas Law School.

Prior to assuming the bench, he was a partner in the law firm of Fulbright & Jaworski (now known as Norton Rose Fulbright). Judge Rodriguez is a frequent speaker on continuing legal education and has authored numerous articles regarding employment law, discovery and arbitration issues. He serves as an adjunct professor of law at the St. Mary’s University School of Law. He was elected to membership in the American Law Institute, and is a Fellow of the American Bar Foundation and the Texas Bar Foundation.

Mark Sidoti

Mark Sidoti
Director, Business
& Commercial Litigation
Gibbons

Mark Sidoti, a commercial and products liability litigator and Chair of the Gibbons E-Discovery Task Force, draws on his more than 28 years of litigation experience to help his clients assess and surmount a wide range of business challenges that require savvy negotiation and, at times, aggressive litigation.

Whether the issues revolve around contract disputes, financial services, restrictive covenants, corporate medical litigation, or products liability, Mr. Sidoti combines his litigation skills with a broad knowledge of e-discovery law and information governance principles to help his clients navigate the critical cost/benefit analysis involved in every litigation and to reach the most favorable resolution in the most economical way.

Philip Favro.

Philip Favro
Consultant
Driven Inc.

Philip Favro brings over fifteen years of experience to his position as a consultant for Driven. Phil is a thought leader and a legal scholar on issues relating to the discovery process, the confluence of litigation and technology, and information governance. His articles have been published in leading industry publications and academic journals and he is frequently in demand as a speaker for eDiscovery education programs.

Phil’s expertise has been enhanced by his practice experience as a litigation attorney. During his eleven years of practice, Phil advised a variety of clients regarding business disputes and complex discovery issues.

Phil is a member of the Utah and California bars. He actively contributes to Working Group 1 of The Sedona Conference and to the Coalition of Technology Resources for Lawyers (CTRL). Phil has also served as a Judge Pro Tempore for the Santa Clara County Superior Court based in Santa Clara, California.

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