1. Home
  2. |Insights
  3. |ABA - Section of Litigation: The Use of Electronic Search Tools and Experts in Discovery

ABA - Section of Litigation: The Use of Electronic Search Tools and Experts in Discovery

Event | 12.09.08, 12:00 AM UTC - 12:00 AM UTC

Recent federal court decisions have raised significant concerns for parties relying on electronic search tools for collecting and producing documents, including identifying potentially privileged documents to be withheld from production, pursuant to Rule 26(b)(5).

These decisions have garnered much attention – and concern – due to the increasingly common practice of relying upon electronic search tools to substantially cut the costs of and expedite the review and production of electronically stored information (ESI).

This teleconference and live audio webcast will help shed light on what these, and other, decisions mean for the use of electronic search tools and the need for “e-discovery experts” in litigation and offer some important guidelines on how to satisfy counsel’s discovery and ethical obligations when preserving, collecting, and producing ESI.

Magistrate Judge John M. Facciola, United States District Court for the District of Columbia, is one of the panelists. David Cross is the organizer and a panelist.

For more information, please visit these areas: E-Discovery and Information Management

Insights

Event | 02.20.25

Has the Buss Stopped? Recoupment Today

Has the Buss Stopped? Recoupment Today: In 1997, the California Supreme Court decided Buss v. Superior Court. In Buss, the court concluded that a liability insurer that defended a mixed action could seek reimbursement from the insured for the defense costs associated with the claims that were not even potentially covered. Since then, numerous courts have held that insurers are entitled to recoup their defense costs associated with uncovered claims or causes of action. On the other hand, a significant number of courts have rejected insurers’ right to recoupment, at least in the absence of a policy provision granting the insurer that right. Some commentators have even suggested that the current judicial trend might be away from permitting insurers to recoup their defense costs. Is that correct? Has the Buss stopped? This panel of coverage experts will analyze insurers’ claimed right to recoupment today, and offer their perspectives on what the law on recoupment should perhaps be and might be in the future.