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Articles & Publications

  • “Ostriches Beware:E-Discovery Ethics in Social Media,” Law 360, with Eric Mandel, July 13, 2015
  • “A Wake-Up Call to Counsel re: ESI Discovery,” Law 360, with Eric P. Mandel, September 11, 2014
  • “In Practice:Avoiding the Digital Dark Age and Remaining Competitive,” NACD Directorship magazine of the National Association of Corporate Directors, May/June 2014
  • “An Electronic Discovery Primer,” 40 William Mitchell L. Rev. 427 (2014) (co-author as part of Minnesota E-Discovery Working Group 1)
  • “Information Governance:It’s a Duty and It’s Smart Business,” 19 Rich. J.L. & Tech. 12 (2013), available at hhtp://jolt.richmond.edu/v19i4/article12.pdf
  • "How to Avoid the Information Management Dark Ages," Law Technology News (December 16, 2011)
  • “A Return to a Balance of Cost and Reason in e-Discovery?,” Huron’s For the Legal Eye (Fall 2010)
  • “Reevaluating the Rules for Discovery,” LA Daily Journal, May 21, 2010 (Co-Author with Daniel M. Kolkey)
  • The Sedona Conference, “The Case for Cooperation,” 10 Sedona Conf. J. 339 (2009 Supp.) (Contributing Editor)
  • “Strategies for Maintaining a Dynamic Data Map,” For the LegalEye, Huron Consulting Group, August 2009 (co-author with Thomas Seymour).
  • “Discover New E-Worlds:  International arbitration can thrive despite e-discovery’s challenges,” Legal Times, April 22, 2008 (co-author with Robert F. Copple).
  • Co-Managing Editor, “The Sedona Principles Second Edition:  Best Practices Recommendations & Principles for Addressing Electronic Document Production” (2007 Annotated Edition, BNA).
  • Trial magazine, “Competence and credibility in e-discovery,” co-author with Lori Ann Wagner (April 2007).  
  • ABA Tort & Insurance Practice Section's International Law Committee Newsletter, "Arthur Andersen's Victory Too Little, Too Late – What Lessons Others Can Take From Arthur Andersen LLP v. United States," co-author (spring 2006).
  • The Corporate Counsel Review, “Looking Beyond Arthur Andersen: The Impact on Corporate Records and Information Management Policies and Practices.” (co-author and republished) (Spring 2006).
  • The Federal Lawyer, “Looking Beyond Arthur Andersen: The Impact on Corporate Records and Information Management Policies and Practices,” co-author (September 2005).
  • “The Sedona Principles for Electronic Document Production,” Annotated Edition, Co-Managing Editor (2005 edition).
  • “Document retention – The law and practice around the world,” co-author of section on the United States (published by PLC Cross Border July 2005), available at www.pacticallaw.com/0-200-9107.  
  • PWSP Client Alert, Arthur Andersen’s Victory Too Little, Too Late – What Lessons Others Can Take From Arthur Andersen LLP v. United States (co-author) (June 2, 2005).
  • PWSP Client Alert, Florida Court Imposes Severe Sanctions Upon Party for Discovery Abuses Involving Non-production of E-Mails from Backup Tapes (co-author) (April 22, 2005).
  • PW Client Alert, California Court of Appeals Applies Cost-Shifting Provision in Discovery Dispute:  Requesting Party to Pay Reasonable Costs of  Recovering Useable Information (co-author) (December 14, 2004).  
  • PW Client Alert, New Federal Rules Proposed to Manage Electronic Discovery (co-author) (November 11, 2004).
  • “The Sedona Principles for Electronic Document Production,” Annotated Edition, Co-Managing Editor (2004 edition).
  • “The Sedona Guidelines:  Best Practices for Managing Information and Records in the Digital World”, Executive Editor (published for public comment, September 2004).   
  • Author of “Strategic Use of Dispute Resolution Methods in America,” published in Japan’s Daiichi Hoki (September 2004).
  • Collaborator (with Yuji Iwanaga) on “Dispute Resolution by Mutual Consent”, published in Japan’s Daiichi Hoki (June 2004).
  • PW Bulletin 3-13 on Electronic Data Discovery:  Duty to Preserve Evidence (November 2003) (co-author) (revised and republished in BNA’s World Data Protection Report, May 2004 at 25).
  • U.S. section on document retention issues for Global Counsel magazine (November 2003) (co-author).
  • “Recent U.S. Cases on Enforcement of Awards,” 2003 Int. A.L.R. N-5.
  • Using Appropriate Dispute Resolution (ADR) To Achieve Superior Outcomes in Contemporary Disputes,” published in Japanese and English as part of A Guide to Successful Litigation in the U.S.A. in 12-2 International Legal Strategy (2003).
  • PW Bulletin 3-05 on Electronic Data Discovery:  Disclosure and Production (April 2003) (co-author) (republished in ABA Trial, Tort & Insurance Committee News, Winter 2004).
  • “Liability Prevention and Litigation Issues”, Co-author, Chapter IX-1, Year 2000 Liability Prevention & Litigation Manual (Alex Information, Inc. 1999).
  • “Section by Section Summary of the Y2K Act”, Co-author, Chapter II-4, Year 2000 Liability Prevention & Litigation Manual (Alex Information, Inc. 1999).
  • "Using ADR in Japan to Resolve Disputes Between Japanese and American Companies", 11 Alternatives (No. 7, July 1993).
  • "Emerging Dispute Resolution Techniques in the Pacific Basin", 9 Arbitration International 131 (No. 2, 1993).
  • "Dispute Resolution in Japan:  Pursuing Alternatives to Arbitration", 14 East Asian Executive Reports 8 (No. 10, October 15, 1992).
  • "Preparing for the Pitfalls of Arbitration in Japan", 13 East Asian Executive Reports 9 (Jan. 15, 1991).
  • "Arbitration in Japan", Chapter 12 in Private Investments Abroad:  Problems and Solutions in International Business (Matthew Bender 1991) (proceedings of Southwestern Legal Foundation, 1990).
  • "Arbitration in Japan:  Caveat Foreign Drafter and Other Lessons", Vol. 7, Arbitration International 2 (1991), discussed in Peter Godwin, "Bursting the 'Ragan' myth: things it's no longer fair to believe about Japan," in 3 Global Arbitration Review (February 2009)
  • "Two-Stage ADR Ends Fuel Case", 8 Alternatives (September 1990) (co-authored).

Thirty plus years of navigating complex commercial disputes through state and federal courts and international arbitration tribunals, more than a decade of thought leadership in developing national information governance and e-discovery guidelines, and locations in the San Francisco Bay Area and Twin Cities, MN.



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