Discovery Requests in Employment Litigation After Amended Rules 26(b) and 34(b)
Drafting or Responding to Interrogatories, Requests for Production of Documents or Admission of Facts, and Third-Party Subpoenas
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide guidance to employment litigators for drafting discovery requests that are likely to survive heightened judicial scrutiny under the recent amendments to Rule 26(b) of the Federal Rules of Civil Procedure. The panel will also discuss tactics for objecting to discovery requests that are overly burdensome and producing documents and electronically stored information (ESI) in a timely manner as required by amended Rule 34(b).
Outline
- Brief overview of 2015 amendments and their requirements
- Considerations for drafting discovery requests
- Strategies for responding/objecting to discovery requests
Benefits
The panel will review these and other key issues:
- When drafting discovery requests, what considerations should employment counsel take into account to ensure that the requests are in line with the proportionality standard?
- When responding to early requests for production, how specific must employment litigators be in their objections? What constitutes “reasonable time” for producing information?
- What guidance does case law provide on determining the circumstances in which the burden or expense of obtaining discovery outweighs the likely benefit?
Faculty
Patricia E. Antezana
Counsel
Reed Smith
Ms. Antezana focuses her practice on general litigation, including commercial matters, business torts and product... | Read More
Ms. Antezana focuses her practice on general litigation, including commercial matters, business torts and product liability defense, with a specialty in managing e-discovery issues. She has been involved with all phases of litigation, including management of large-scale discovery, dispositive motions, trial preparation and alternative dispute resolution. Ms. Antezana has coordinated electronic and hard copy record collection and managed large-scale review projects in numerous complex litigation matters.
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Michael H. Bornhorst
Counsel
Mayer Brown
Mr. Bornhorst is a member of the firm’s Consumer Litigation and Class Action Defense Group and the Electronic... | Read More
Mr. Bornhorst is a member of the firm’s Consumer Litigation and Class Action Defense Group and the Electronic Discovery and Records Management Group. His primary focus is on the pretrial stage of litigation, devoting an extensive portion of his practice to briefing dispositive motions that eliminate claims before trial and other significant pretrial filings. In addition to his consumer class defense practice, Mr. Bornhorst represents businesses and individuals in complex commercial disputes involving software licensing and franchise agreements.
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Niloy Ray
Shareholder – eDiscovery Counsel
Littler Mendelson
Mr. Ray specializes in litigating critical e-discovery issues and challenges. He routinely advises clients on... | Read More
Mr. Ray specializes in litigating critical e-discovery issues and challenges. He routinely advises clients on efficiently meeting preservation and “meet and confer” obligations, developing strategies for effective data harvesting, review and production, implementing cost-shifting/cost-reduction techniques, and addressing the admissibility and authentication of electronic evidence. Mr. Ray regularly handles hearings and motion practice on matters relating to e-discovery.
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