Mark Brennan’s practice focuses on electronic discovery in class action, commercial, employment/FLSA, and products liability litigation matters. With fifteen years of experience in handling discovery, trials, and appeals of consumer products and consumer financial class actions, products liability, and commercial matters, Mr. Brennan 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. Mr. Brennan has expertise in the methods and strategies for data preservation, collection, forensic analysis, early case assessment, search strategies, processing, review, and production, including the potential role of “concept search” tools in the filtering and review process. Mr. Brennan frequently advocates a proactive use of early case data assessment techniques, the Rule 26(f) process, and Rule 26(b)(2) to control discovery costs.
Select Representations
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Defending financial institutions in multiple class actions involving compliance with RESPA, HOEPA, TILA and other borrower protection laws in the mortgage lending industry
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Defending a product manufacturer/distributor in class actions involving consumer fraud and antitrust claims
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Representing defendants in aviation products liability/negligence claims
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Advising health care insurer on e-discovery issues in ERISA class action
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Advising consumer product manufacturers on e-discovery compliance issues, including preservation of electronic data for anticipated litigation
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Defending cosmetics manufacturer in competitor’s IP suit
Bar and Court Admissions
Missouri, 1991
United States Courts of Appeals for the Fourth, Seventh and Eighth Circuits
United States District Courts for the Western District of Missouri and District of Kansas
Education
University of Missouri-Columbia, J.D., 1991
Western Kentucky University, A.B., 1988
Professional Affiliations
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Lawyers Association of Kansas City, Board Member