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Mark Brennan has 30 years of experience handling all stages of litigation including discovery, trials, and appeals of consumer products and consumer financial class actions, in addition to product liability and commercial matters. He has an abundance of experience utilizing electronic discovery in a wide variety of litigation scenarios. Mark approaches e-discovery from a pragmatic standpoint and a keen sensitivity to the cost/benefit decisions that must be made at nearly every point in the e-discovery process. He frequently advocates a proactive use of early case data assessment techniques, the Rule 26(f) process, and Rule 26(b)(1) to control discovery costs.


Professional Affiliations

    • Lawyers Association of Kansas City, Board Member
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Representative Experience

  • Negotiated discovery compliance plan and ongoing adjustments for association that licensed brand to insurance carrier in a series of class action cases where discovery issues included custodian selection, search terms, date ranges, product types, and information from a third-party document collaboration tool.
  • Represented technology company in responding to an extensive third-party subpoena, requiring investigation and negotiations about data definitions, mapping, and export options in connection with disputes about burden and probative value.
  • Represented financial institution in class action concerning mortgage release statutes, the resolution of which required analysis of multiple potential subclasses based on client database information.
  • Directed forensic data recovery, searching, and reporting in employment case involving allegations of misuse of trade secrets and non-compete issues.
  • Represented financial institution in class action in which class member identification required careful analysis and filtering across multiple fields of loan origination data.
  • For class action clients settling claims, data reporting with, monitoring, and management of third-party settlement administrator.