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Collecting and Preserving ESI to Effectively Defend Motor Carriers and Drivers After Implementation of the ELD Mandate

Presented By: DRI's Trucking Law Committee

During this “Lunch and Learn” webinar, attendees will hear from experienced lawyers and a senior claims specialist regarding the Federal Motor Carrier Safety Administration’s implementation of the ELD Mandate, the best policies and practices for ensuring that clients collect and preserve relevant and discoverable electronically stored information (“ESI”) in light of the new advancements in technology, and what ESI plaintiffs will be looking to obtain during discovery and how this information can be used to inflate the value of their claims. Attendees will take away practical tips that can be immediately implemented by their motor carrier clients and will be more knowledgeable regarding a plaintiff’s use of ESI and available technology to his/her advantage. 

Who Should Attend: 

  • Young attorneys and transportation specialists and practitioners who are new to trucking or general litigation
  • Practicing trial lawyers handling regulation-heavy trucking litigation and/or dealing with ESI on a regular basis
  • Trucking industry representatives and claims adjusters seeking to enhance their knowledge regarding the ELD Mandate, technology utilized by motor carriers and drivers, obligations to preserve relevant ESI, and how plaintiffs use ESI to inflate the value of their claims

What Will You Learn?:

  • An overview of the ELD Mandate and the new technology being utilized to track actions by motor carriers and drivers following implementation of the Mandate
  • Best policies and practices for ensuring that your clients collect and preserve relevant and discoverable ESI
  • Recent court decisions addressing preservation of ESI in trucking cases
  • What ESI plaintiffs will be looking to obtain during discovery and how plaintiffs can use the metadata and voluminous information obtained to inflate the value of their claims
  • How you can use ESI, ELD technology, and metadata to rigorously defend motor carriers and drivers. 


Debbie Milsap, McLane Company Inc.

Debbie Milsap is a Senior Claim Litigation Specialist with Claims Services Inc. which is a wholly owned subsidiary of McLane Company and their Third-Party Liability Claims Administrator. Responsibilities include handling DOT type of accident with attorney and injuries as well as claim litigation in the western region of the country. McLane Company, Inc. is one of the largest supply chain services leaders, providing grocery and foodservice supply chain solutions for convenience stores, mass merchants, drug stores and chain restaurants throughout the United States. McLane, through McLane Grocery and McLane Foodservice, operates over 80 distribution centers across the U.S. and delivers more than 50,000 different consumer products to nearly 110,000 locations across the U.S. McLane is a wholly owned unit of Berkshire Hathaway Inc. and employs more than 20,000 teammates

Gene F. Zipperle, Jr., Ward Hocker & Thornton
Tyler Pratt, Heyl Royster Voelker & Allen PC

Tyler Pratt concentrates his practice in the area of civil litigation, with an emphasis on medical malpractice, professional liability, and professional regulation/licensure. He regularly defends physicians, nurses, hospitals, and clinics in professional liability claims involving significant injury or death. Tyler also represents clients in trucking, business and commercial, and estate litigation as well as estate planning matters, including powers of attorney, probate administration, wills, and trusts.


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