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A Better Partnership

Kenneth J. Treece

Staff Attorney | Email

  • Kalamazoo

    t. +1.269.276.8188

    f. +1.269.276.8300

Biography

Ken Treece began his practice as a litigator in commercial law and railroad defense. After a brief departure from practice as a human resources professional, he returned with a focus on eDiscovery law. Ken has conducted and supervised all phases of eDiscovery document review projects from collection and initial search terms preparation to document review and production, and privilege log preparation. He has assisted litigation teams with deposition and trial preparation and drafted eDiscovery plans/protocols along with briefs in support of the prosecution and defense of discovery-related motions. His diverse eDiscovery experience includes complex commercial litigation, antitrust litigation and pre-merger investigations, white collar criminal defense, intellectual property disputes, labor and employment actions, and internal investigations. Ken has also written numerous articles on eDiscovery law and practice and has spoken to various groups throughout Michigan on all matters related to eDiscovery.

Industries

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Education

  • Purdue University M.S. 1998
  • University of Arkansas at Fayetteville J.D. 1986 with honors
  • Purdue University B.S. 1983

Admitted

  • 2005, Michigan

Bar Associations

  • State Bar of Michigan

Experience

Honors & Awards

Publications

  • Co-Author, "Summaries of Recent eDiscovery Cases," ACEDS Detroit Chapter Quarterly Newsletter, December 2020
  • Co-Author, "Recent Case Summaries on Discovery Proportionality," ACEDS Detroit Chapter Quarterly Newsletter , August 2020
  • Author, "Recent Michigan Case Summaries," ACEDS Detroit Chapter Quarterly Newsletter (May 2020)
  • Co-author, State Bar of Michigan Guidebook to the New Civil Discovery Rules (September 2019)
  • Contributor, Discovery of Electronic Evidence, Chapter 10 of ICLE’s Book on Michigan Civil Procedure (2018-Present)
  • Contributor, Annual Whitepaper entitled “A Retrospective of eDiscovery, Information Governance and Data Security” (2018-Present)
  • Author, Data Analytics + eDiscovery Newsletter (Winter 2018, Summer 2019, Fall 2019)
  • Author, "Preview of the 2017 Amendments to the Federal Rules of Evidence," Detroit Legal News, January 18, 2017
  • Co-author, ICLE’s How-to-Kit entitled “Advise Your Client on Preservation of Electronic Evidence” (2015-Present)
  • Co-Author, "Non-Parties and the Duty to Preserve Evidence," SBM Litigation Newsletter, Summer 2013
  • Co-Author, "FOIA Compliance in the Age of Electronic Records," SRR Journal, Fall 2012


JDSupra

  • Co-Author, "The Apple v Samsung Saga: Dueling Adverse Inferences = No Advantage," October 8, 2012
  • Author, "Duty to Preserve: Third Parties," July 17, 2012
  • Author, "Google's Privilege Claim: A Cautionary Tale," July 17, 2012


Lexology

  • Author, “'Duty to Preserve' May Include 'Duty to Recover,'” March 22, 2013
  • Author, "New Illinois Supreme Court Rules Address Inadvertent Disclosure of Privilege," January 24, 2013
  • Author, "Cost-Shifting Mandatory when Non-Party Subpoena Cost of Compliance is ‘Significant,’" November 27, 2012
  • Author, "New FTC Rules Address Electronically Stored Information and Privilege Issues," October 1, 2012
  • Co-Author, "Don't Forget Social Media During Discovery," September 17, 2012
  • Author, "Self Collecting Search Strategy May Be Discoverable," September 11, 2012
  • Author, "Lack of Diligence During Discovery Can Be Fatal," August 17, 2012
  • Author, "Protecting Privileged Documents: Use of Keyword Technology, and 'Quick Peek' and 'Clawback' Agreements," August 9, 2012

Leadership

Speaking Engagements

  • “The New Michigan Civil Discovery Rules,” Michigan Poverty Law Program Roadshow, October 21, 2019
  • Cappuccino With Counsel: 2014 eDiscovery Update, October 30, 2014
  • “Electronic Discovery for Paralegals,” Lansing Community College-West Campus, October 20, 2012
  • "E-Discovery 2012 Case Updates + Best Practices," Kalamazoo County Bar Association, March 14, 2012, Kalamazoo, Michigan
  • “What Attorneys Must Know about Duty to Preserve Triggers,” In-House Counsel Webinar, January 21, 2010
  • “Overview of Legal Issues Related to E-Discovery Under Federal and Michigan Law,” Kalamazoo County Bar Association Lawyers Lunchtime Roundtable, Kalamazoo, Michigan, January 24, 2008

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