Discovery Best Practices post-Actos: Minimizing the Risk of Harsh Defense Sanctions in an MDL

ACI's 19th Drug and Medical Device Conference

12/09/2014 08:15 a.m. - 09:15 a.m.

Life Sciences, Pharmaceutical + Medical Device, and Product Liability and Counseling

Marriott Marquis Hotel
1535 Broadway
New York, NY 10036

Julie Y. Park

Julie Y. Park

Speaking Engagement

  • Reexamining document preservation policies and practices in light of current e-discovery standards and judicial expectations
    • What best practices and procedures should prudent companies have in place to prevent million dollar mistakes?
    • What are your ethical obligations in light of recent decisions regarding spoliation?
  • Preservation and Production: Case studies from the Actos and Pradaxa litigation
    • Arguing for limited adverse jury instructions regarding litigation holds in light of the risk of exorbitant punitive verdicts disproportionate to the actual harm (i.e., State Farm)
    • Managing document production and production deadlines to avoid consequences for failure to comply
    • Educating and protecting international companies facing global discovery demands
  • Understanding how the proposed changes to Rule 37(e) of the Federal Rules of Civil Procedure will impact litigation strategy going forward
    • Practical implications: will the new good faith standard bring some needed balance to discovery and sanctions practice?
    • Do the proposed changes offer any relief from discovery being used as a blunt instrument to drive up costs and force settlements?

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