2018 Mid-Year Case Law Review


We’re in the midst of a golden age of evidence, with rapid data growth, from electronic documents to emails to social media, creating an ever-expanding universe of information potentially relevant to litigation.

Yet legal practitioners and courts are still grappling with the consequences of this massive growth in digital evidence. How can parties ensure that the time and expense dedicated to discovery is proportional to the needs of the case? How should judges deal with practitioners who fail to adapt their past discovery strategies to new federal rules? When and how should courts sanction practitioners whose failure or refusal to handle digital evidence properly impedes the administration of justice?

Join a panel of experts, including celebrated U.S. Magistrate Judge James C. Francis IV (Ret.), as we examine these questions through a survey of the most important cases of 2018 so far.


Hon. James C. Francis IV

U.S. Magistrate Judge James C. Francis IV (Ret.) served in the Southern District of New York from 1985 to 2017 and as Chief Magistrate Judge from 1998 to 2000. With over more than 30 years on the bench, Judge Francis has seen discovery evolve from associates sifting through stacks of paper to sophisticated systems culling vast amounts of data. A widely recognized expert on eDiscovery, he has helped shape that evolution along the way.

Gareth T. Evans

Gareth Evans is a litigation partner at Gibson, Dunn & Crutcher LLP, with 25 years of experience at the firm, where he is one of the founders and co-chairs of Gibson Dunn’s Electronic Discovery Practice Group and is one of the lead authors and editors of Gibson Dunn’s highly acclaimed eDiscovery Year-End and Mid-Year Reports.

Michael Simon

Michael Simon is an attorney and consultant with over 15 years of experience in the eDiscovery industry. A self-described “nerd turned lawyer turned nerd,” he is Principal at Seventh Samurai and a frequent author and speaker on pressing eDiscovery issues.

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