Discovery Challenges in Arbitration

Venue

This is a virtual event, accessible over phone. Access instructions will be provided after registration.

Description

This is a complimentary program sponsored by Epiq.

Dispute resolution methods such as arbitration are often attractive alternatives to the time and expense involved in litigation. Sometimes the contract governing the relationship between or among different parties mandates arbitration. As in traditional litigation, discovery—especially e-discovery—can present challenges and pitfalls.

Join Bloomberg Law and Epiq as we explore these questions:

What does U.S. statutory and case law provide regarding access to and timing of discovery, whether from parties or nonparties? Parties to disputes want the same broad discovery found in traditional litigation, but broad discovery is not generally available as a matter of right in arbitration, nor is federal law always clear on what is permitted. Federal courts have charted varying paths, leading to a split in opinion when it comes to matters such as determining the power of arbitrators to compel pre-hearing discovery from non-parties.

What rules, structures, and guidelines exist regarding the timing of discovery? The Commercial Arbitration Rules of the American Arbitration Association and the JAMS Comprehensive Arbitration Rules cover discovery generally and ESI specifically. Attorneys participating in arbitration should understand these rules and how they compare with and differ from discovery rules in federal litigation.

Why does it matter? Arbitration should be more efficient and less costly than traditional litigation. How arbitrators and parties plan for and implement discovery procedures, especially e-discovery, affects the extent to which arbitration does avoid the temporal and financial burdens of traditional litigation.

Educational Objectives:
• Understand current law, rules, and guidance regarding the availability of discovery in arbitration
• Learn how discovery in arbitration, including e-discovery, resembles and differs from discovery in traditional litigation
• Gain insight into how to plan for arbitration discovery through the applicable contract, at the start of arbitration proceedings, and over the course of the hearing

Who would benefit most from attending this program?
Attorney/Counsel, General Counsel

Presenters

Moderator: Samantha Green
  • Manager of Thought Leadership
  • Epiq

Samantha Green is a subject matter expert on all aspects of electronic discovery and data privacy law, drawing on her more than 15 years of litigation and consulting experience. She has published numerous articles and white papers, and has authored chapters for ABA, Inside Counsel, and West publications. She has spoken all over the country and provided over a hundred CLEs on topics relating to e-discovery, litigation readiness, international data privacy, and case law. Samantha has an in-depth understanding of electronic discovery and data privacy. She has drafted electronic discovery response plans, litigation readiness protocols, and best practices for both law firm and corporate clients, and formulated workflow solutions for a wide range of large and complex discovery matters. As a litigator, she has taken a number of cases from pre-discovery through trial, and has handled a broad spectrum of cases, from government investigations (including FCPA and SEC matters) to HSR second requests and commercial litigation matters.

Robert C. Brady
  • Director, Commercial and Criminal Litigation
  • Gibbons Law

Mr. Brady is an experienced trial lawyer and appellate practitioner, as well as being the current Chair of the New Jersey State Bar Association’s Franchise Practices Committee.  Robert's practice has a particular emphasis on representing large franchisors and licensors in commercial disputes, trademark litigation, and enforcement of franchise and license agreement obligations. Additionally, he has extensive experience in litigation involving covenants not to compete and confidentiality provisions. He often litigates matters involving partnership and shareholder disputes, including oppression and dissenter’s rights cases. Robert is a Master in the John C. Lifland American Inn of Court. He serves as an adjunct professor of law at Seton Hall University School of Law, where he teaches appellate advocacy.

Allison O. Skinner
  • Founding Partner
  • Skinner Neutral Services

Allison Skinner is Senior Vice President – Senior Corporate Counsel at Cadence Bank, N.A. in Birmingham, Alabama. Prior to joining Cadence Bank, Allison served as a neutral at Skinner Neutral Services LLC in Birmingham, Alabama. She is the co-founder of the American College of e-Neutrals, which provides the only directory of discovery neutrals in the world, as well as, one-of-a-kind training programs for ESI neutrals. She has pioneered the use of ADR for pre-trial disputes, coining the terms "e-mediation," "mediated discovery plan" and "e-neutrals." Allison is an Adjunct Professor at the University of Alabama School of Law teaching E-discovery & Digital Evidence and authored the Teacher’s Manual to the E-Discovery and Digital Evidence casebook. She also authored Alternative Dispute Resolution Expands Into Pre-Trial Practice: The Role of the e-Neutral. She is a contributing editor to Law Technology News and the Alabama Lawyer; chair of the Addendum (Alabama State Bar’s online newsletter); a member of the Academy of Court-Appointed Masters (1 of 3 in Alabama) and a panelist on the U.S. District Court of Pennsylvania, Western District, E-Discovery Special Master Panel.

Alfred Feliu
  • Principal
  • Feliu Neutral Services

Alfred Feliu has been an arbitrator and mediator for over two decades and is a member of the American Arbitration Association’s Complex Commercial Case, Class Action, and Employment Disputes Panels. He is also a member of the National Academy of Distinguished Neutrals and of various CPR dispute resolution panels. He is also in demand as an independent investigator and has served as the EEO Officer for the Port of New York and New Jersey since 2006. Alfred has authored or edited four books for Bloomberg BNA.  His latest book, ADR in Employment Law, was published in 2015 with a supplement published in 2017.  He is a former Chair of the New York State Bar Association’s Labor & Employment Law Section and is a member of College of Labor & Employment Lawyers. Feliu is a graduate of Columbia College and Columbia Law School.

Andrew Merrick
  • Partner
  • Jenner & Block

Andrew F. Merrick is a litigation partner at Jenner & Block LLP where he represents Fortune 500 and other large corporations in contract disputes and other business litigation. Andrew has extensive first- and second-chair trial experience in federal and state courts and arbitration forums across the United States and abroad. His trial and arbitration experience spans a wide variety of industries, including aviation, energy, food and beverage, and hospitality, among others. He is also active in various bar associations and currently serves as the Chairman of the Alternative Dispute Resolution Committee for the Chicago Bar Association.

Continuing Education

Credits:
1.0 General COA, 1.0 CLE
Practice Areas:
Legal
Prerequisite:
A basic understanding of the discovery process and role of arbitration
Level:
Intermediate
Production Date:
05/09/2018