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 Losey is a practicing attorney who specializes in electronic discovery law. He is a principal in a U.S. law firm with over 50 offices & 800 lawyers where he supervises electronic discovery work and litigation support. Ralph has written over two million words on law and technology, including six books on electronic discovery. His latest books are "E-Discovery for Everyone" (ABA 2017) and "Perspectives on Predictive Coding" (ABA 2017) (ed. & contributor). His blog is widely read in the industry: "e-DiscoveryTeam.com." Ralph is the founder and principal author of "Electronic Discovery Best Practices" and "e-Discovery Team Training," a free online course covering all aspects of e-discovery. Ralph's sub-speciality is the search and review of electronic evidence using multimodal methods, including artificial intelligence. He also has a free online training program to teach these advanced methods - the "TAR Course." Ralph has devoted a month of his time each year since 2013 to research and test various AI-enhanced document review methods. In 2015 and 2016 Ralph and his Team participated in the TREC Total Recall Track experiments sponsored by the National Institute of Standards and Technology. Ralph has been involved with computers and the law since 1978. His full biography is found at RalphLosey.com. Ralph is the proud father of two children, Eva M. Losey and Adam Colby Losey, a high-tech lawyer married to another e-discovery lawyer, Cat Jackson Losey, and, best of all, Ralph has been married since 1973 to Molly Friedman Losey, a mental health counselor and life-long friend.

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