Welcome to Module 2-G.

Ariana Tadler on the Plaintiff’s Perspective to Requesting Electronic Discovery

Ariana Tadler is a partner at Milberg LLP a large, plaintiff’s law firm with a national practice. Other lawyers at Milberg include Professor Arthur Miller, the head of its appellate practice. Ms. Tadler was a co-chair of The Sedona Conference Working Group on Electronic Document Retention and Production and is well-known as an expert and public speaker in this area.

In this video presentation made by Ariana for this class, she gives us the perspective of a plaintiff’s counsel to electronic discovery. Admittedly Ariana practices in a rarefied world of large class actions, which typically involve hundreds of millions of dollars, but the principles articulated here apply to plaintiffs in all types of cases. Indeed, they apply to all parties requesting discovery, be they plaintiff or defendant.


SUPPLEMENTAL READING: Find the Jumpstart Questionnaire referenced in the video. This is a good one to save and study closely. Think of two things in it that you do either did not understand, or really liked, and why.

EXERCISE: Find a Podcast or article on e-discovery where Ms. Tadler was a participant or editor in some way, study it, and write a short summary.

Discretionary Bonus Exercise: Two questions for you: Where is the nearest “Women in e-Discovery” group to you? What is the “b-Discovery” group all about and is there one near you?  If you have one of those groups nearby we suggest you try to attend one. (We’re told only women are welcome in the women’s group, but everyone is welcome to b-discovery meetings.)

Students are invited to leave a public comment below. Insights that might help other students are especially welcome. Let’s collaborate!

Copyright Ralph Losey 2015

Ralph is a Partner in LOSEY PLLC. The law firm was founded by his son and daughter-in-law, Adam and Cat Losey, and can be found at Losey.law. Ralph has over forty years of experience representing companies and individuals in information technology issues, including deals, contracts and business advice. Ralph also has substantial experience in civil litigation, including commercial, Qui Tam, intellectual property, employment and insurance. His litigation sub-specialty in these areas has always been fraud, primarily defense oriented, but he also initiated for the plaintiff, on behalf of the United States, several government fraud Qui Tam cases. One resulted in what still stands as the largest False Claims Act settlement in history.

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