Speaker, Gibbons 14th Annual E-Discovery Conference Three-Part Webinar Series, "Limiting the Burdens and Costs Associated with ESI in the Hands of Third Parties"

ESI in the hands of third parties raises concerns for parties and third parties alike. This session will cover these issues from the perspectives of both the parties to the litigation and responding third parties. The discussion from the perspective of parties will address: (1) when is ESI in the hands of a non-party within a party’s possession, custody, or control, such that the party must not be concerned only with the non-party’s retention of data but also must include that data within its own responding productions; (2) practical ways for parties to protect their interests in privileged and/or confidential information in the hands of third parties; and (3) issuing subpoenas consistent with parties’ obligations to reduce burdens on third parties. From the perspective of subpoenaed non-parties, the panel will discuss preservation obligations, the enforcement of reasonable and proportional limits on the scope of requests, and the potential for cost shifting.