This talk will explain how documents and e-mails are used in litigation. It will provide sample documents to help illustrate how adversaries will use documents to their advantage in litigation. The scenario is based on installation of HVAC equipment and mold proliferation. It will also provide tips on how to manage documents to avoid creating documents that can be taken out of context and used against a potential defendant.
Christopher M. McDonald is a partner at Shook, Hardy & Bacon L.L.P., a law firm headquartered in Kansas City, Missouri. He has been with the firm for twenty-five years engaged in the practice of law focusing on toxic tort, environmental, regulatory and indoor air quality issues. He also focuses on advising clients relating to litigation avoidance and preparedness. Much of his work deals with complex scientific and technical issues. Chris is the Division Managing Partner for the firm’s General Litigation and Business Services Division and also has served on the firm’s Executive Committee. Mr. McDonald, an associate member of ASHRAE, has chaired TC 1.7 Legal Education and Business Management and also served on the ASHRAE Presidential Ad Hoc Committee on Homeland Security. Mr. McDonald is an ASHRAE Distinguished Lecturer and has authored numerous articles and given numerous presentations on issues relating to liability for indoor air quality problems and mold contamination and steps to take to avoid liability for such problems. He has also presented on issues relating to information management and discovery in civil litigation as it relates to engineering practices.