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Mary Novacheck has litigated complex discovery and eDiscovery issues in class actions, MDLs and mass torts involving pharmaceutical, medical device and automotive litigation, handling briefing and oral arguments on high-stakes discovery motions in multiple states and federal courts. She has extensive experience negotiating and litigating complex discovery issues, focusing discovery on the needs of the case in order to manage and reduce the burdens of overly broad and disproportionate discovery. 

Mary aggressively prepares and defends corporate employees who testify in depositions and trial. She has appeared pro hac vice in multiple venues defending clients on ESI orders and compliance, preservation and review of electronically stored information, database and unstructured data productions, back-up data preservation and review, ESI collection methods, the effectiveness of litigation holds, confidentiality of electronic documents, TAR and computer assisted review.  

Mary is a member of the Lawyer’s for Civil Justice Executive Committee and Board of Directors. In 2017 she was honored with LCJ’s “Outstanding Contributor” award and is co-chair of LCJ’s Diversity and Young Lawyer’s Committee, recently founding LCJ’s Fellows program. She is also a frequent lecturer and author, having testified to the Federal Advisory Committee on Civil Rules in 2019 in support of proposed amendments to Rule 30(b)(6) on corporate depositions and has authored several comments to the Committee on topics related to civil justice reform and rules amendments.

Mary's publications can be found at: Novacheck et al., “IT Technologies and How to Preserve ESI Cost Effectively,” 40 William Mitchell L. Rev. 486, 493 (2014); and online, Chapter 7 “Professionalism and Ethics in E-Discovery” and Chapter 12 “Authentication and Admissibility of ESI.”

Bar Admissions

  • Minnesota, 1987
  • Wisconsin, 1987

Court Admissions

  • Supreme Court of Minnesota
  • Supreme Court of Wisconsin
  • U.S. District Court, District of Colorado
  • U.S. District Court, District of Minnesota
  • U.S. District Court, Northern District of Florida
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Western District of Tennessee
  • U.S. District Court, Western District of Wisconsin

Education

  • University of Wisconsin Law School, J.D., 1987

  • Ripon College, B.A., 1984
    Phi Beta Kappa
    magna cum laude
    Laurel Society (Ripon honor society)
    Phi Alpha Theta (Ripon History Honors)

Professional Associations

    • Lawyers for Civil Justice
      —Board of Directors and Executive Committee, 2018 – 2020
      —Outstanding Contributor, 2017
      —Co-Chair, Diversity and Young Lawyers Committee
    • The Sedona Conference 

    • Minnesota State Bar Association
      —Civil Litigation ESI Working Group III, Co-Chair
    • Defense Research Institute 
      —Electronic Discovery Committee 
      —Drug and Medical Device Committee 
      —Product Liability Committee
    • Women in eDiscovery
      —Minneapolis, Minnesota Chapter

    • Wisconsin State Bar Association
    • Hennepin County Bar Association

     

Distinctions

    • Lawyers for Civil Justice
      —Outstanding Contributor Award, 2017
    • Twin Cities Business
      —Notable Women in Law, 2020

Recent News, Events and Blogs


Speaking Engagements

  • "Mass Torts Gone Wild: Taming the Beast," Panelist, DRI Drug and Medical Device Seminar, November 2020
  • "Where No One Has Gone Before: Managing the Rapidly Expanding Employee Data Footprint," Co-Presenter, Webinar, August 2020
  • "Where No One Has Gone Before: Controlling Employee Awareness of Their Rogue Data," Co-Presenter, ACC MN Conference Webinar, June 2020
  • "COVID-19: Litigation and Regulatory Impact on Long Term Care Facilities," Co-Presenter, Webinar, May 2020
  • "There's No App For That - Handling Apps and Non-Standard Data (Part 1)," Co-Presenter, ACEDS Twin Cities CLE, February 2020
  • "Recent Developments in the Federal Rules and 30(b)(6)," Presenter, FDCC Corporate Counsel Symposium, September 2019
  • "Authentication and Admissibility of Electronic Evidence," Co-Presenter, MN CLE Seminar, July 2019
  • “Legal Ethics and Professionalism in an Electrified Battlefield,” Co-Presenter, E-Discovery 101 MN CLE Seminar, July 2019
  • "The Ethical Minefield of eDiscovery for Product Manufacturers," Co-Presenter, CA Life Sciences Hot Topics Seminar, April 2019
  • "Hot Topics in Drug & Device Litigation," Co-Presenter, Client Presentation, March 2019
  • "Testimony in Support of Repeat of Minnesota Seat Belt Gag Rule," Testimony, Minnesota Senate Judiciary Committee, February 2019
  • "Advisory Committee on Civil Rules," Speaker, Civil Rules Hearing, February 2019
  • "Exclusive Webinar: An In-Depth Look at Rule 26," Moderator, Client Webinar, January 2019
  • “Mentoring Young Lawyers: The Future of Litigation Depends on It”, Presenter, Lawyers for Civil Justice Membership Meeting, December 2018
  • “The Changing Shape of the Third-Party Litigation Funding Battleground,” Co-Presenter, ABA Life Sciences Legal Summit, September 2018
  • “E-Discovery: Professionalism and Ethics,” Co-Presenter, Minnesota CLE Webinar, December 2017
  • “Ethics in eDiscovery: The Interplay Between All Parties,” Co-Presenter, ComplianceDS Webinar, November 2017
  • “Discovery and YOU,” Presenter, Client Presentation, October 2017
  • “The Ethical Minefield of eDiscovery for Product Manufacturers,” Co-Presenter, Client Webinar, July 2017
  • “Civil Litigation A to Z: Case Management – E-Discovery Tips,” Presenter, Minnesota CLE, May 2017
  • "The Future of Discovery,” Presenter, Lawyers for Civil Justice Membership Meeting, May 2017
  • “Professionalism and Ethics in E-Discovery," Co-Presenter, Minnesota CLE, February 2017
  • “Discovery Under the New FRCP for Paralegals," Co-Presenter, Institute for Paralegal Education, December 2016
  • "Authentication and Admissibility of Electronic Evidence," Co-Presenter, Minnesota CLE, November 2016
  • "The Changing State of eDiscovery in Minnesota: Taking Steps to Capitalize on Proportionality and Civil Justice Reform to Reduce Costs, Burdens and Risk," Presenter, Women in eDiscovery Minneapolis – St. Paul Chapter Meeting, June 2016
  • "Discovery Coordination Strategies," Co-Presenter, Client Webinar, May 2016
  • "The Changing State of eDiscovery in Minnesota: Taking Steps to Capitalize on Proportionality and Civil Justice Reform to Reduce Costs, Burdens and Risk," Presenter, ACC Minnesota Chapter Lunch and Learn, May 2016
  • "EDiscovery Checklist: Starting with the End in Mind - Admissibility of Electronic Evidence," Presenter, Minnesota CLE EDiscovery Checklist Webcast Series, April 2016
  • "Countdown to the New Federal Rules of Civil Procedure and Discovery Update," Presenter, Off-Road Vehicle Litigation In-House Counsel Meeting, November 2015
  • "Steering the Machine: The Attorney's Role in Technology-Assisted Review," Moderator, Client Webinar, September 2015
  • "Starting with the End in Mind: Admissibility of Electronic Evidence," Presenter, Minnesota CLE Effective eDiscovery in Civil Litigation Seminar, July 2015
  • "Rapid Response To High Profile Product Litigation," Presenter, Client Webinar, June 2015
  • "Electronic Discovery," Presenter, Client Webinar, February 2015
  • "Minimizing Risk in the Face of Record Setting Recalls," Presenter, Minnesota Association of Corporate Counsel, February 2015
  • "The Twin Cities E-Discovery Forum," Speaker, September 2014
  • “Recruiting the Best eDiscovery Team,” Speaker, Ingenious East Coast eDiscovery & IG Retreat, September 2014
  • "Medical Grade eDiscovery: ESI in Life Sciences Mass Torts," Presenter, BIA Webinar, June 2014
  • “Multiple Matter eDiscovery Management – the Next Step in eDiscovery Cost Control?”, Speaker, Ingenious NorCal eDiscovery & IG Retreat, May 2014 
  • "The Dueling Sanctions Motions: You Love it, You Hate it. Now You Have to Live With it: eDiscovery," Speaker, William Mitchell College of Law, October 2013
  • “New Law Series: Minnesota State and Federal E-Discovery Law Update – A Year of Change,” Panelist, Minnesota CLE, September 2013 
  • "Preserving Electronically Stored Data...and How the Heck Am I Supposed to Preserve All That Social Media/Smartphone Evidence?," Speaker, Minnesota State Bar Association's Civil Litigation Section CLE Seminar, October 2012
  • "Preparation of Corporate Witnesses for Deposition and Ethics in Witness Preparation," Co-Presenter, In-House Training Seminar, August 2012
  • "Successfully Managing eDiscovery From a Mass Tort Perspective," Co-Presenter, eDiscovery For the Life Science Industry Seminar, February 2012
  • "E-Discovery: Searching the Virtual File Cabinets," Presenter, National Business Institute Video Webcast Seminar, September 2011
  • "Key Evidence Tactics in Civil Litigation," Presenter, National Business Institute Video Webcast CLE Seminar, May 2011
  • "Discovery in Civil Litigation: a Primer for In-House Counsel," Presenter, Client Webinar Series, April 2011
  • "The Discovery Process," Speaker, Client Podcast, April 2011
  • "Avoid the Pitfalls in the New World of ESI Litigation," Speaker, Bowman and Brooke Hot Topics Seminar, November 2010
  • “ESI Compliance,” Presenter, Bowman and Brooke LLP In-House Training Seminar, July 2010
  • “Overview of FDA Class II Medical Device Regulation,” Presenter, Bowman and Brooke LLP In-House Training Seminar, June 2010
  • “Fearless and Peerless on e-Discovery,” Presenter, Bowman and Brooke LLP In-House Training Seminar, March 2010
  • “Litigation and e-Discovery Strategies: Meeting & Conference Best Practices,” Speaker, Applied Discovery, July 2009
  • “Calm Your Fears of ESI,” Presenter, Bowman and Brooke Hot Topics Seminar, October 2008

Publications

  • "Anticipating COVID-19 Legal Issues Nursing Homes May Face," Co-Author, Law360, May 2020
  • “Time For Sunshine On 3rd-Party Litigation Funding,” Author, Law360, July 2018
  • "WI Adopts Proportionality and Mandatory Disclosure of Third-Party Litigation Financing," Co-Author, Client Alert, April 2018
  • “Professionalism in eDiscovery,” Co-Author, Minnesota ESI Deskbook, December 2017
  • “Admissibility of ESI,” Co-Author, 2017 Update, Minnesota CLE ESI Deskbook, December 2017
  • “Letter Comment on Proposed Amendments to Federal Rule 30(b)(6) addressed to the Federal Rules Committee,” July 2017
  • "Brief of Amicus Curiae Lawyers for Civil Justice Supporting Appellant-Petitioners & Requesting Reversal," LaBrier v. State Farm and Casualty Company, Co-Author, December 2016
  • “Admissibility of ESI,” Co-author, Minnesota CLE ESI Deskbook, August 2016
  • “Professionalism in eDiscovery,” Co-author, Minnesota CLE ESI Deskbook, August 2016
  • "The Final Product – Production of Electronically Stored Information ("ESI")," Third Article in Bowman and Brooke Discovery Series, Co-Author, December 2015
  • “Amendments to the Federal Rules of Civil Procedure Take Effect,” Client Alert, December 2015
  • "The Keys To Success in the Collection Process," Second Article in Bowman and Brooke Discovery Series, Co-Author, November 2015
  • "Effective Litigation Holds," First Article in Bowman and Brooke Discovery Series, Co-Author, October 2, 2015
  • “IT Technologies and How to Preserve ESI Cost Effectively,”Co-Chair and Leading Author, William Mitchell Law Review, Vol. 40, No. 2, 2014
  • "Proactive ESI Procedures at the Outset of Litigation," The Hennepin Lawyer, February 2011
  • “Keyword Searching Client Data – How Much is Enough?,” E-Discovery Connection, Defense Research Institute, Summer 2010
  • "Applicability of Minnesota's Six-Year Statute of Limitations to Non-Resident Actions," Rx for the Defense, Defense Research Institute, May 2010