E-Discovery Disputes

Most business today is conducted electronically, and this has resulted in revisions to the state and federal rules of civil procedure that govern the discovery of electronically stored information (ESI) in traditional civil litigation and revisions to the commercial and construction industry arbitration rules adopted by the American Arbitration Association.

Known as E-discovery, it can lead to a significant increase in the burden and expense imposed on businesses that find themselves involved in complex commercial litigation and arbitration if it is not managed in a reasonable and proportionate manner.

In 2017 Gene was selected as a distinguished Fellow in the American College of E-Neutrals (ACESIN), representing one of the first ACESIN-approved Fellows in Colorado.

As an E-Neutral, Gene acts as a third-party neutral who resolves discovery disputes involving ESI in an efficient and cost-effective manner by promoting the proactive and customized use of technology and the good faith cooperation of the parties.

Gene is experienced in supporting the recovery, preservation, production, review and storage of voluminous quantities of ESI, and in resolving the related challenges that frequently arise, including: 


Proportionality decisions that determine whether the burden and expense of E-discovery outweigh the reasonably foreseeable benefits from conducting the discovery.

Cost Shifting

Cost-shifting decisions that determine whether the requesting party must pay some or all of the producing party’s costs incurred to perform the requested scope of E-discovery.


Technology Assisted Review

Enforcement of technology assisted review (TAR) agreements, which rely on software specifically designed to search ESI and facilitate a less time-consuming and less expensive E-discovery process.

Protective Orders

Enforcement of protective orders and E-discovery agreements to protect the confidential, proprietary and privileged content of ESI.


To learn more about Gene’s alternative dispute resolution experience, please check his American Arbitration Association resumes.

Arbitration Experience »
Mediation Experience » 

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