Discovery Requests in Employment Litigation Under the Heightened Scrutiny of 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 video webinar with Q&A
This CLE webinar will guide employment litigators in drafting discovery requests likely to withstand heightened judicial scrutiny under Federal Rule of Civil Procedure 26(b). The panel will also discuss strategies for making sustainable objections when discovery requests are overly burdensome in light of the needs of the case. The panel will also review strategies for producing documents and electronically stored information promptly as required by Rule 34(b).
Outline
- Brief overview of prior 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 consider to ensure that the requests are in line with the new proportionality standard?
- When responding to early requests for production, how specific must employment litigators be in their objections? What constitutes a "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
Corwin J. Carr
Attorney
Barack Ferrazzano Kirschbaum & Nagelberg
Mr. Carr has extensive experience conducting internal investigations and representing companies in labor and employment... | Read More
Mr. Carr has extensive experience conducting internal investigations and representing companies in labor and employment disputes before administrative agencies and in federal court. He secured a jury and bench verdict in favor of a major U.S. city in a federal court case alleging race and political affiliation discrimination. In one of the first district court cases addressing the “ministerial exception” after the Supreme Court’s 2020 ruling in Our Lady of Guadalupe v. Morrissey-Berru, Mr. Carr successfully won summary judgment in the employer’s favor on a terminated employee’s claim of pregnancy discrimination. He also has experience defending employers against wage-and-hour claims, including securing summary judgment and a circuit court affirmance in an employer’s favor in a case alleging misclassification and unpaid overtime under the FLSA.
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James F. Bryton
Of Counsel
Littler Mendelson
Mr. Bryton focuses his practice as a labor and employment trial attorney. Utilizing his years of experience as a... | Read More
Mr. Bryton focuses his practice as a labor and employment trial attorney. Utilizing his years of experience as a litigator, he provides training sessions regarding best practices for in-house and human resources professionals. Mr. Bryton also advises on issues including onboarding matters, leaves of absence and accommodations, performance management and discipline, discrimination, harassment, employment policy development and implementation, wage and hour issues, and worker classifications. Prior to joining the firm, Mr. Bryton litigated employment discrimination, sexual harassment, and hostile work environment claims as senior counsel in the Labor and Employment Division of the City of New York.
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