September 26:

A Judicial Perspective on the Discovery of Electronically Stored Information

At noon on Tuesday, September 26, at the Madison Club and via Zoom, please join the DCBA as we welcome Judge Michael Fitzpatrick. Judge Fitzpatrick will present an update on the discovery of electronically stored information (“ESI”), providing insights from the bench regarding: (1) applicable Wisconsin statutes and federal rules related to the discovery of ESI and the resolution of ESI discovery disputes; (2) the interaction of the scale and scope of ESI discovery with the attorney-client privilege and the work product doctrine; and (3) practical tips to increase your client’s prospects of success in an ESI discovery dispute.

Michael Fitzpatrick served on the Wisconsin Court of Appeals and, before that, was a Circuit Court Judge for nine years. He now serves as a mediator, arbitrator and discovery referee through Fitzpatrick ADR, LLC. Judge Fitzpatrick has twice been elected by Wisconsin’s Judges to both the Judicial Council and the Civil Jury Instruction Committee. He continues on the faculty of the Wisconsin Judicial College and frequently speaks at seminars for judges and attorneys. In 2022, Judge Fitzpatrick delivered the Chapman Distinguished Lecture in Law at the University of Tulsa College of Law. In 2023, Judge Fitzpatrick presented at the American Bar Association seminar on Toxic Torts on the subject of expert witness testimony. He is an Elected Member of the American Law Institute contributing to the Restatement Third of Torts.

Prior to taking the Bench, Michael Fitzpatrick was a partner at the Brennan, Steil & Basting Law Firm where he chaired the Litigation Practice Group and tried numerous lawsuits including intellectual property disputes, insurance coverage litigation, and product liability cases in federal and state courts throughout Wisconsin and the United States. Several times he was times named one of Wisconsin’s Super Lawyers in Business Litigation in the years before he became a judge. Judge Fitzpatrick served two terms on the State Bar Committee on Professional Ethics, was President of the Western District of Wisconsin Bar Association, and was President of the James E. Doyle Chapter of the American Inns of Court.

For further biographical information, please see www.michaelfitzpatrickadr.com.