Discovery Masters Class Seminar: Using the Rules to Enforce Discovery
On Demand
Tuesday, November 09, 2021
8:00 - 9:00 a.m.
Registration and Welcome Networking Breakfast
9:00 - 9:05 a.m.
Welcome and Moderator Introductions
9:15 - 10:00 a.m.
Discovery Planning: What Do You Really Want?
- Purpose and Scope of Discovery
- Crafting Bullet Proof Discovery- Avoid the Excessive Approach
10:00 - 10:45 a.m.
What are the Responding Attorney's Duties
- Model Rules of Professional Conduct
- Rule 26: Attorney's Legal Duties
10:45 - 11:00 a.m.
Refreshment Break
11:00 - 11:45 a.m.
Confidentiality Protective Orders: Are They Really Necessary?
- Elements
- Good Cause Requirement
- Stipulated-Federal Form
- Alternative Temporary Confidentiality Agreements
- Timelines of Motion
- Objective Waiver
- Contested Request for Confidentiality
11:45 a.m. - 12:30 p.m.
Common Obstructive Tactics (Ethics)
- Preamble Objections
- Boilerplate Objections
- Qualified Answers
- Objecting in Part
- Rule 34: Requests for Production
- False or Misleading Responses
- Consequences for Non-Timely Responses
12:30 - 1:30 p.m.
Networking Lunch
1:30 - 2:20 p.m.
Rule 34: Electronically Stored Information (ESI)
- How to Access the Data
- Scope of Discovery and Proportionality
- Preservation Obligations and Preservation Orders
- Obstruction Techniques
- Meet and Confer for ESI/ ESI Custodian
- Tiered Production
- Cost-Shifting
- Inadvertent Production
- Spoliation and Sanctions
- Email, Smartphones, Internal Communication Models
- Getting What You Need
2:30 - 3:15 p.m.
When is Privilege Objection Valid?
- What is Privileged? Fact vs. Communication
- When is Work Product Discoverable?
- 30(b)(6) Preparation Privilege Waiver
- Expert Draft Documents
- Peer Review and Quality Assurance: Elements
- Privilege Log: Rule and Required Elements
3:30 - 4:30 p.m.
Managing Obstruction: Making it Easy for the Judge
- Preempting Obstructions with Rule 30(b)(6)
- Obstruction Spreadsheet
- Meet and Confer
4:30 - 5:00 p.m.
Question and Answer Session
5:30 - 7:30 p.m.
Networking Reception
Wednesday, November 10, 2021
8:00 - 9:00 a.m.
Registration and Welcome Networking Breakfast
9:00 - 9:05 a.m.
Moderator Instructions
9:05 - 10:00 a.m.
Dealing with 30(b)(6) Objections After the 2020 Rule Change
- The Meet and Confer Requirement
- What Happens When They Object?
- Answers to Common Objections
10:00 - 11:00 a.m.
Dealing with Deposition Obstruction (Ethics)
- Deposition Rules of Engagement
- Ethic Rules
- Prohibited Conduct
- Witness Coaching
- Consultations with Witness and Lawyers
- Instructions Not to Answer
- Required Objections
- Solutions
11:15 a.m. - 12:15 p.m.
Enforcing Discovery Through Sanctions
- Motions to Compel
- Sanctions
- Walking Through the Mechanics
- What Sanctions are Available
12:00 - 12:15 p.m.
Question and Answer Session
12:15
Program Adjourns
