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Mary Novacheck leads Bowman and Brooke's Discovery Coordination and eDiscovery practice. She partners her eDiscovery and discovery coordination practice with the firm’s role as National Coordinating Counsel in mass tort, class actions and multidistrict litigation. She has worked extensively defending corporate clients in discovery, and serves as national discovery coordinator and document counsel for several clients in a wide variety of industries, including medical device, automotive, and commercial products, with a practice focusing on multi-plaintiff litigation. Her goal is to ensure complex litigation, including individual plaintiff cases within it, is aggressively handled and defended, and that communications with clients are focused, timely and goal-oriented.

Clients seek out Mary for her abilities both in the courtroom and in managing discovery and eDiscovery issues. Mary has managed and defended mass tort litigation, leading clients from initiation to resolution. She has extensive experience preparing and defending corporate employees who give testimony in depositions and at trial. Mary advises clients on complex privacy issues and data security, including appropriate procedures for business privacy program compliance.

Mary has appeared pro hac vice in numerous state and federal courts in multiple venues defending clients on issues related to preservation and review of electronically stored information, database and unstructured data productions, back-up tapes preservation and review, ESI collection methods, the effectiveness of litigation holds, and TAR and computer assisted review. She is a frequent lecturer and author on all things discovery.

Bar Admissions

  • Minnesota, 1987
  • Wisconsin, 1987

Court Admissions

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

Education

  • University of Wisconsin Law School, J.D., 1987
    Dean's List
  • Ripon College, B.A., 1984
    —Phi Beta Kappa
    magna cum laude
    —Dean's List
    —Laurel Society (Ripon honor society)
    —Phi Alpha Theta (Ripon History Honors)

Professional Associations

    • Lawyers for Civil Justice
      —Board of Directors, 2018
      —Outstanding Contributor, 2018
    • 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

Recent News, Events and Blogs


Speaking Engagements

  • “The Changing Shape of the Third-Party Litigation Funding Battleground,” ABA Life Sciences Legal Summit, Co-Presenter, 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,” Internal 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,” Minnesota CLE, May 2017
  • "The Future of Discovery,” Lawyers for Civil Justice Membership Meeting, May 2017
  • “Professionalism and Ethics in E-Discovery," Minnesota CLE, Co-Presenter, February 2017
  • “Discovery Under the New FRCP for Paralegals," Institute for Paralegal Education, Co-Presenter, Webinar, December 2016
  • "Authentication and Admissibility of Electronic Evidence," Minnesota CLE, Co-Presenter, 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," 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," ACC Minnesota Chapter Lunch and Learn, May 2016
  • "EDiscovery Checklist: Starting with the End in Mind - Admissibility of Electronic Evidence," Minnesota CLE EDiscovery Checklist Webcast Series, April 2016
  • "Countdown to the New Federal Rules of Civil Procedure and Discovery Update," Off-Road Vehicle Litigation In-House Counsel Meeting, November 5, 2015
  • "Steering the Machine: The Attorney's Role in Technology-Assisted Review," Moderator, Client Webinar, September 24, 2015
  • "Starting with the End in Mind: Admissibility of Electronic Evidence," Minnesota CLE Effective eDiscovery in Civil Litigation Seminar, July 17, 2015
  • "Rapid Response To High Profile Product Litigation," Client Webinar, June 24, 2015
  • "Electronic Discovery," Medmarc, Webinar, February 25, 2015
  • "Minimizing Risk in the Face of Record Setting Recalls," Minnesota Association of Corporate Counsel, Minneapolis, MN, February 12, 2015
  • "The Twin Cities E-Discovery Forum," Minneapolis, MN, September 29, 2014
  • “Recruiting the Best eDiscovery Team,” Ingenious East Coast eDiscovery & IG Retreat, Chatham, MA, September 18, 2014
  • "Medical Grade eDiscovery: ESI in Life Sciences Mass Torts," BIA, Webinar, June 19, 2014
  • “Multiple Matter eDiscovery Management – the Next Step in eDiscovery Cost Control?”, Ingenious NorCal eDiscovery & IG Retreat, Sausalito, CA, May 30, 2014 
  • "The Dueling Sanctions Motions," You Love it, You Hate it. Now You Have to Live With it: eDiscovery, William Mitchell College of Law, St. Paul, MN, October 4, 2013
  • “New Law Series: Minnesota State and Federal E-Discovery Law Update – A Year of Change,” Minnesota CLE, September 9, 2013 – Panelist
  • "Preserving Electronically Stored Data...and How the Heck Am I Supposed to Preserve All That Social Media/Smartphone Evidence?," Minnesota State Bar Association's Civil Litigation Section CLE Seminar, Minneapolis, MN, October 2, 2012
  • "Preparation of Corporate Witnesses for Deposition and Ethics in Witness Preparation," (with Hildy Bowbeer), Bowman and Brooke LLP In-House Training Seminar, August 10, 2012
  • "Successfully Managing eDiscovery From a Mass Tort Perspective," (with Molly Jean Given), eDiscovery For the Life Science Industry Seminar, February 28, 2012
  • "E-Discovery: Searching the Virtual File Cabinets," National Business Institute Video Webcast Seminar, September 14, 2011
  • "Key Evidence Tactics in Civil Litigation," National Business Institute Video Webcast CLE Seminar, May 24, 2011
  • "Discovery in Civil Litigation: a Primer for In-House Counsel," Medmarc Loss Control Webinar Series, April 20, 2011
  • "The Discovery Process," Medmarc Loss Control Podcast, April 15, 2011
  • "Avoid the Pitfalls in the New World of ESI Litigation," Bowman and Brooke Hot Topics Seminar, Minneapolis, MN, November 11, 2010
  • “ESI Compliance,” Bowman and Brooke LLP In-House Training Seminar, July 23, 2010
  • “Overview of FDA Class II Medical Device Regulation,” Bowman and Brooke LLP In-House Training Seminar, June 10, 2010
  • “Fearless and Peerless on e-Discovery,” Bowman and Brooke LLP In-House Training Seminar, March 31, 2010
  • “Litigation and e-Discovery Strategies: Meeting & Conference Best Practices,” Best Practices for Complex e-Discovery Matters, Applied Discovery, July 28, 2009
  • “Calm Your Fears of ESI,” Bowman and Brooke Hot Topics Seminar, October 8, 2008

Publications

  • “Time For Sunshine On 3rd-Party Litigation Funding,” Author, Law360, July 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