Mark practices full time in the areas of eDiscovery and records management. He supports clients’ IT and compliance departments as well as their law departments and outside trial counsel. Mark’s clients cover a wide range of sizes and industries, from manufacturing to financial services and from technology to entertainment. The depth of his involvement ranges from quick tasks, such as commenting on a draft hold notice, to long-term engagements as national eDiscovery counsel.
Recent projects that Mark has completed for clients include:
- Updating policies and procedures for records retention, legal holds, email management and disaster recovery;
- Promoting productive and defensible uses of mobile devices and social media;
- Defensibly disposing of documents and electronically stored information (ESI) that are no longer needed to conduct business or comply with legal obligations;
- Supporting outside trial counsel at a variety of firms in addition to Shook;
- Preparing (or commenting on drafts of) legal hold notices, protective orders, ESI protocols, case management orders and discovery manuals;
- Negotiating efficient production specifications;
- Ensuring data privacy and security during litigation;
- Proposing and selecting eDiscovery vendors;
- Defensibly eliminating irrelevant documents and ESI from collection and review;
- Managing document review; and
- Creating and complying with budgets and alternative fee arrangements for the services listed above.
Consistent with Shook’s team approach, Mark understands the importance of assigning tasks to the most appropriate timekeeper level so that work is completed as efficiently and inexpensively as possible.
A recipient of the firm’s Stanley D. Davis Award for Excellence in Professional Development, Mark is a founding member and former chair of Shook’s Professional Development Committee. He also has taught advanced legal writing at the University of Missouri-Kansas City School of Law. His current focus in this area is on presenting complimentary onsite CLEs for existing and prospective clients on topics related to his practice.
Co-author, Amendments to Discovery Rules: How Will You Be Affected?, Bloomberg BNA: Digital Discovery & e-Evidence®, December 2015.
Co-author, Amendments to Discovery Rules: How Will You Be Affected?, Shook,Hardy & Bacon, Data and Discovery Client Alert, August 2015.
Co-author, Beware the Dangers of a “Hands-Off Approach” to Document Collections, 21:2 Rx for the Defense, May 2013.
Co-author, E-discovery obligations in US product liability litigation, The In-House Lawyer, 2011/12.
Co-author, Drafting a Document Retention Policy, The Practical Law Journal, 2011.
Co-author, Contracting with the eDiscovery Vendor, 2009.
Co-author, A Primer for Data-Protection Principles in the European Union, included in materials for DRI's Culture Clash! Data Protection, Freedom of Information and Discovery - How to Protect Your Business in Transnational Disputes (Munich – May 2009).
Federal Cases Applying Daubert Standard for Admissibility of Expert Testimony, 1993-99.
States That Have Adopted or Rejected Daubert Standard for Admissibility of Expert Testimony, 1993-99.
Sharpening Our Most-Used Tools: Protective Orders, Production Protocols & Responses to Requests for Production, The 6th Annual EDI Leadership Summit (October 2016).
Ditch that data to mitigate risk and reduce legal spend, Legal Tech New York 2016 (February 2016).
Ethics Panel: Duty to Use Technology Competently and Duty to Preserve Computer-Based Confidences, Kansas Bar Association Corporate Counsel Update (Kansas City - April 2014).
How Responses to RFPs Can Greatly Reduce the Cost of Document Collection, Processing, Review and Production, Shook Corporate Counsel Institute (Kansas City - February 2013).
Electronically Stored Information Panel, Kansas Association of Defense Counsel’s 34th Annual Conference (Kansas City - December 2012).
Practical, Cost-Saving Suggestions for Small to Mid-Sized Document Productions (October 2012).
Predictive Coding: Losing the Spin & Finding Practical Uses (September 2012).
At the Intersection of Ethics & Technology (September 2012).
Today’s Front Lines in Electronic Discovery, Shook Corporate Counsel Institute (Kansas City - April 2012).
Email Do’s and Don’ts, Shook Corporate Counsel Institute (Kansas City - February 2011).
Everything You Wanted to Know About Contracting with Vendors Before You Become Too Frightened to Ask, The Third Annual Institute on eDiscovery: Practical Solutions for Dealing with Electronically Stored Information (Chicago – May 2009).
School of Docs (April 2009).
The World of eDiscovery (St. Louis - October 2008).
A Discussion of Key Protocols for Employers in Connection with eDiscovery Matters, Shook Teleconference CLE (July 2008).
Data Privacy & Security: Locally, Nationally and Internationally, Shook Hot Topics CLE (June 2008).
Backstage at the Big Show: Planning Off-Site CLE Events, Professional Development Institute (Washington, D.C. – November 2007).
Management Fundamentals for Professional Development, Professional Development Institute (Washington, D.C. – December 2005).
Collaborating with Local and State Bar Associations: Can’t We All Just Get Along? Better Yet, Let’s Work Together!, The Association for Continuing Legal Education (Washington, D.C. – July 2005).
Litigation Training: Principles and Strategies, Professional Development Consortium (Chicago – July 2004).
Beyond Flip Charts and Markers: Technological Possibilities That Can Improve Your Programs and Make You IT-Independent, Professional Development Consortium (Austin – January 2004).
Designing Programs for Senior Associates and Partners: Beyond “Introduction to . . . ,” The Association for Continuing Legal Education (San Francisco – August 2003).
Putting the Pieces Together: Curriculum Building and Planning, Professional Development Consortium (Montreal – July 2002).