Preservation in Practice: A Corporate Convening on Rule 37(e) and Beyond

November 13th, 2014 to November 14th, 2014

On November 13 and 14, 2014, IAALS convened a group of senior in-house counsel and corporate management from around the country to discuss the challenges surrounding discovery in litigation.

The single most expensive aspect of litigation (apart from trials, in the rare instances in which they occur) is discovery. Disputes about discovery can both derail the litigation and also exponentially increase the costs for both parties. Many of those disputes relate to the topics of preservation and production and are resolved on a case-by-case basis in courts around the nation. The proposed amendments to the Federal Rules of Civil Procedure are a step in the right direction, but leave many unresolved questions in the area of preservation.

The convening provided an opportunity to discuss the current challenges and ways in which the costs of discovery can be controlled for all involved in the civil justice system. Approximately 20 senior in-house counsel and corporate management leaders from around the country gathered to discuss the challenges of preservation and production of electronically stored information within companies operating in the United States.

Part of IAALS’ “DIAALOGUES” project, a groundbreaking series of national conversations designed to bring together the best minds in the country to forge solutions to the most pressing issues facing the American legal system, the convening took place at the Penrose House in Colorado Springs, Colorado.

We are grateful to El Pomar Foundation for their generous support of this convening.