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B. Jay
Yelton III

  • Of Counsel

After 30+ years as a litigator and manager of eDiscovery teams, Jay now focuses on serving as discovery mediator and special master where he assists parties to design proportional discovery plans and to resolve discovery disputes. Jay is an Adjunct Professor at Michigan State University College of Law and at Thomas M. Cooley Law School where he teaches eDiscovery. Jay is recognized by Best Lawyers in America for eDiscovery, Litigation, and Data Privacy. He serves as Education Director and Chairman Emeritus for the Detroit Chapter of BarBri’s eDiscovery Association (Association of Certified eDiscovery Specialists), as a member of the Global Advisory Council for E.D.R.M. and as a member and editor for The Sedona Conference.

Discovery Special Master

  • Appointed by court to resolve protective order issues
  • Appointed by court to resolve various discovery motion disputes
  • Appointed by court to manage discovery process
  • Appointed by court to make recommendations on motion for discovery sanctions

Discovery Mediation

  • Retained to assist parties with designing a proportional discovery plan
  • Retained to assist parties and courts in resolving discovery disputes
  • Retained to provide parties with alternative and more effective means to conduct discovery

General Civil Mediation

  • Mediated business and contract disputes involving loan agreements, automobile purchases, arrangement between spo

Discovery Special Master

  • Appointed by court to resolve protective order issues
  • Appointed by court to resolve various discovery motion disputes
  • Appointed by court to manage discovery process
  • Appointed by court to make recommendations on motion for discovery sanctions

Discovery Mediation

  • Retained to assist parties with designing a proportional discovery plan
  • Retained to assist parties and courts in resolving discovery disputes
  • Retained to provide parties with alternative and more effective means to conduct discovery

General Civil Mediation

  • Mediated business and contract disputes involving loan agreements, automobile purchases, arrangement between sports complex and travel coach and team, arrangement for sharing office reception area and services between medical professionals and claims against self-storage facility for breach of contract and theft
  • Mediated residential and commercial landlord-tenant disputes, including evictions, breach of lease or co-signor agreement and damage recovery actions
  • Mediated homeowner claims, including claims against home improvement companies, a home inspection company and fire and water damage restoration companies
  • Mediated federal prisoner civil rights litigation cases
  • Mediated claims filed under the Agricultural Workers Protection Act

Litigation

  • Lead counsel for the Fair Housing Center of Southwest Michigan obtaining a settlement providing three years of court enforced injunctive relief, monetary damages and an award of $241,000 in attorneys’ fees
  • Co-counsel defending Section 1983 Civil Rights class action challenging the constitutionality of Michigan’s child foster care system
  • Co-counsel for Pharmacia & Upjohn Company obtaining summary judgment in cases alleging discrimination and wrongful termination
  • Co-counsel for a prescription drug manufacturer defending price-fixing claims by a putative national class of drug retailers
  • Lead counsel obtaining favorable judgment at trial in case involving neighbors seeking tear down of a multi-million dollar home on Lake Michigan for alleged violations of subdivision deed restrictions, local ordinances and MDEQ requirements

eDiscovery and Discovery Management

  • Drafted and/or negotiated over 50 discovery plans involving the preservation, collection and review of electronically stored data
  • Created and supervised discovery management teams at two AMLAW 200 Michigan law firms
  • National discovery counsel for Fortune Global 500 manufacturer; developed and maintained systems for timely and accurate discovery compliance throughout the United States
  • National defense counsel for a global pharmaceutical company in price-fixing class actions in 15 U.S. states; developed a litigation and discovery management system for 6,900 plaintiffs, 100 complaints and over 1 million discovery documents
  • Appointed as a Special Assistant Attorney General in a federal court civil rights action; designed, implemented and defended a discovery plan that involved the collection of over 1 million pages from multiple locations; briefed and argued motion for protective order, resulting in a 90% reduction in discovery compliance costs
  • Local defense counsel for a Fortune Global 100 company in a federal court action involving antitrust and copyright infringement claims; collected, reviewed and produced over 80 million pages of discovery documents
  • Discovery counsel for a major professional services firm in response to DOJ grand jury subpoena involving an alleged illegal off-shore tax shelter; designed and implemented hard copy and e-data preservation and collection strategy and created 300 page privilege log involving complex and multi-client communications
  • Counsel for a group of furniture manufacturers participating at several landfill Superfund sites; developed a data management system for the review and analysis of documents and deposition testimony regarding manufacturers’ potential liability share; utilized data management system to successfully challenge U.S. EPA’s database and reduce client manufacturers’ share of Superfund liability
  • Negotiated sneak peek and clawback arrangement for DOJ’s investigation of government officials as means to reduce time and cost for subpoena compliance
  • “The 411 on Special Masters and Discovery Mediators'” with Hon. Iain Johnston, Hon. Kristen Mix, Hon. Andrew Peck and Dr. Maura Grossman, EDRM Webinar, February 6, 2023
  • “Topics in eDiscovery: Privacy as a Proportionality Factor,” Georgetown Law, Advanced eDiscovery Institute, Washington D.C., November 17, 2022
  • “eDiscovery 2022: Tips and Traps from the Bench and Bar” with Hon. Christopher Yates, Michigan Defense Trial Counsel Annual Meeting and Conference, Gaylord, Michigan, June 17, 2022
  • “Michigan’s New Discovery Rules,” Michigan Defense Trial Counsel Association, Novi, Michigan, November
  • “The 411 on Special Masters and Discovery Mediators'” with Hon. Iain Johnston, Hon. Kristen Mix, Hon. Andrew Peck and Dr. Maura Grossman, EDRM Webinar, February 6, 2023
  • “Topics in eDiscovery: Privacy as a Proportionality Factor,” Georgetown Law, Advanced eDiscovery Institute, Washington D.C., November 17, 2022
  • “eDiscovery 2022: Tips and Traps from the Bench and Bar” with Hon. Christopher Yates, Michigan Defense Trial Counsel Annual Meeting and Conference, Gaylord, Michigan, June 17, 2022
  • “Michigan’s New Discovery Rules,” Michigan Defense Trial Counsel Association, Novi, Michigan, November 8, 2019
  • “Michigan Supreme Court: New Members and New Rules, Attorney Client Privilege, Litigation and Discovery,” Association of Corporate Counsel West Michigan, Grand Rapids, Michigan, May 22, 2019
  • “ESI Protocol,” Association of Certified eDiscovery Specialists (ACEDS) 2017 Fall eDiscovery Symposium, Detroit, Michigan, September 21, 2017
  • “Generating a Competitive Advantage Through Information Governance: Lessons from the Field,” South East eDiscovery & IG Retreat, Atlanta, Georgia, May 23, 2016
  • “Information Governance – How do you Eat an Elephant,” 2015 East Coast eDiscovery & IG Retreat, Harwich, Massachusetts, November 9, 2015
  • “Behind TAR’s Vale: How to Strike the Balance Between Transparency, Disclosure and Cooperation” and “Challenging the Assumptions, Claims and Givens of TAR to Make it More Effective and Just,” ACEDS 6th Annual e-Discovery Conference, National Harbor, Maryland, September 29, 2015
  • “How an Understanding of Available Technology Tools and the Proposed Amendments to the Federal Rules of Civil Procedure Can and Should Reduce Litigation Costs and Risks,” Crain’s General and In-House Summit, Detroit, Michigan, June 10, 2015
  • “E-Discovery – Strategies and Ethical Considerations for Protecting Privileged and Patient Health Information,” 20th Annual Health Law Institute, March 7, 2014
  • “Practical Approaches to Creating and Implementing Rule 26 Discovery Plans,” eDiscovery Retreats, San Diego, California, July 1, 2013
  • “What a Responsible Professional (CPA or Attorney) Should Know About E-Discovery and Records Management,” Illinois CPA Society Fraud Conference, Chicago, Illinois, September 20, 2012
  • “E-Discovery Update – ESI and the Government,” Law Review CLE Webinar, Las Vegas, Nevada, June 24, 2012
  • Click here for a full list of Jay’s speaking engagements

Interviews

  • “Michigan is Getting Prepared for its Biggest Discovery Rules Changes in 30+ Years,” Legaltech News, October 9, 2019
  • “Law firms examine pros and cons of e-discovery,” Grand Rapids Business Journal, April 21, 2017
  • “New Federal Rules of Civil Procedure aimed at efficiency,” Michigan Lawyers Weekly, December 14, 2015
  • Click here for a full list of Jay’s interviews

Publications

  • Co-author of EDRM’s Bench Book: “Using Special Masters and Discovery Mediators to Avoid and Resolve Discovery Disputes” (2022)
  • Co-author of Discovery of Electronic Evidence, Chapter 10 of ICLE’s Book on Michigan Civil Procedure (2015-Present)
  • Co-author of ICLE’s How-To Kit entitled “Advise Your Client on Preservation of Electronic Evidence” (2015-Present)
  • Editor for ACEDS Detroit eDiscovery Newsletter (2020-Present)
  • Co-author of the State Bar of Michigan’s Guidebook to the New Civil Discovery Rules (September 2019)
  • Click here for a full list of Jay’s publications
Image for B. Jay Yelton III

B. Jay
Yelton III

  • Of Counsel
Kalamazoo

My admin

After 30+ years as a litigator and manager of eDiscovery teams, Jay now focuses on serving as discovery mediator and special master where he assists parties to design proportional discovery plans and to resolve discovery disputes. Jay is an Adjunct Professor at Michigan State University College of Law and at Thomas M. Cooley Law School where he teaches eDiscovery. Jay is recognized by Best Lawyers in America for eDiscovery, Litigation, and Data Privacy. He serves as Education Director and Chairman Emeritus for the Detroit Chapter of BarBri’s eDiscovery Association (Association of Certified eDiscovery Specialists), as a member of the Global Advisory Council for E.D.R.M. and as a member and editor for The Sedona Conference.

  • “The 411 on Special Masters and Discovery Mediators'” with Hon. Iain Johnston, Hon. Kristen Mix, Hon. Andrew Peck and Dr. Maura Grossman, EDRM Webinar, February 6, 2023
  • “Topics in eDiscovery: Privacy as a Proportionality Factor,” Georgetown Law, Advanced eDiscovery Institute, Washington D.C., November 17, 2022
  • “eDiscovery 2022: Tips and Traps from the Bench and Bar” with Hon. Christopher Yates, Michigan Defense Trial Counsel Annual Meeting and Conference, Gaylord, Michigan, June 17, 2022
  • “Michigan’s New Discovery Rules,” Michigan Defense Trial Counsel Association, Novi, Michigan, November
  • “The 411 on Special Masters and Discovery Mediators'” with Hon. Iain Johnston, Hon. Kristen Mix, Hon. Andrew Peck and Dr. Maura Grossman, EDRM Webinar, February 6, 2023
  • “Topics in eDiscovery: Privacy as a Proportionality Factor,” Georgetown Law, Advanced eDiscovery Institute, Washington D.C., November 17, 2022
  • “eDiscovery 2022: Tips and Traps from the Bench and Bar” with Hon. Christopher Yates, Michigan Defense Trial Counsel Annual Meeting and Conference, Gaylord, Michigan, June 17, 2022
  • “Michigan’s New Discovery Rules,” Michigan Defense Trial Counsel Association, Novi, Michigan, November 8, 2019
  • “Michigan Supreme Court: New Members and New Rules, Attorney Client Privilege, Litigation and Discovery,” Association of Corporate Counsel West Michigan, Grand Rapids, Michigan, May 22, 2019
  • “ESI Protocol,” Association of Certified eDiscovery Specialists (ACEDS) 2017 Fall eDiscovery Symposium, Detroit, Michigan, September 21, 2017
  • “Generating a Competitive Advantage Through Information Governance: Lessons from the Field,” South East eDiscovery & IG Retreat, Atlanta, Georgia, May 23, 2016
  • “Information Governance – How do you Eat an Elephant,” 2015 East Coast eDiscovery & IG Retreat, Harwich, Massachusetts, November 9, 2015
  • “Behind TAR’s Vale: How to Strike the Balance Between Transparency, Disclosure and Cooperation” and “Challenging the Assumptions, Claims and Givens of TAR to Make it More Effective and Just,” ACEDS 6th Annual e-Discovery Conference, National Harbor, Maryland, September 29, 2015
  • “How an Understanding of Available Technology Tools and the Proposed Amendments to the Federal Rules of Civil Procedure Can and Should Reduce Litigation Costs and Risks,” Crain’s General and In-House Summit, Detroit, Michigan, June 10, 2015
  • “E-Discovery – Strategies and Ethical Considerations for Protecting Privileged and Patient Health Information,” 20th Annual Health Law Institute, March 7, 2014
  • “Practical Approaches to Creating and Implementing Rule 26 Discovery Plans,” eDiscovery Retreats, San Diego, California, July 1, 2013
  • “What a Responsible Professional (CPA or Attorney) Should Know About E-Discovery and Records Management,” Illinois CPA Society Fraud Conference, Chicago, Illinois, September 20, 2012
  • “E-Discovery Update – ESI and the Government,” Law Review CLE Webinar, Las Vegas, Nevada, June 24, 2012
  • Click here for a full list of Jay’s speaking engagements

Interviews

  • “Michigan is Getting Prepared for its Biggest Discovery Rules Changes in 30+ Years,” Legaltech News, October 9, 2019
  • “Law firms examine pros and cons of e-discovery,” Grand Rapids Business Journal, April 21, 2017
  • “New Federal Rules of Civil Procedure aimed at efficiency,” Michigan Lawyers Weekly, December 14, 2015
  • Click here for a full list of Jay’s interviews

Publications

  • Co-author of EDRM’s Bench Book: “Using Special Masters and Discovery Mediators to Avoid and Resolve Discovery Disputes” (2022)
  • Co-author of Discovery of Electronic Evidence, Chapter 10 of ICLE’s Book on Michigan Civil Procedure (2015-Present)
  • Co-author of ICLE’s How-To Kit entitled “Advise Your Client on Preservation of Electronic Evidence” (2015-Present)
  • Editor for ACEDS Detroit eDiscovery Newsletter (2020-Present)
  • Co-author of the State Bar of Michigan’s Guidebook to the New Civil Discovery Rules (September 2019)
  • Click here for a full list of Jay’s publications