Mass Tort Webinar Series Part 3: E-Discovery in Mass Torts

Welcome Announcements

E-Discovery in Mass Torts

E-Discovery remains a major cost and conflict driver in mass torts. Managing data efficiently—and ethically—can make or break a case.

Discovery Battle Deadlines

• Timing challenges: simultaneous discovery in multiple jurisdictions.
• Handling overlapping requests and protective orders.
• Strategies for negotiating rolling productions and proportionality limits.

Limitation of Scope

• Arguing proportionality under Rule 26(b)(1).
• Using technology-assisted review (TAR) to narrow document sets.
• Defining “custodians” and “search terms” effectively to reduce disputes.

   

Cross-Platform ESI Collection

• Managing discovery from social media, internal chats (Teams, Slack), and mobile devices.
• Addressing privacy, privilege, and metadata preservation issues.

   

Vendor Oversight

• Ensuring compliance with Rule 5.3 (responsibilities regarding nonlawyer assistance).
• Ethical considerations when outsourcing data processing and hosting.

Questions & Answers