Discovery Practice

DISCOVERY PRACTICE

Part of the Newbie Litigator School 2015 Series

Premier Date: August 26, 2015

DISCOVERY PRACTICE

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MEET THE FACULTY

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PANELISTSMichael Dickler Sperling & SlaterJason Hirsh Levenfeld PearlsteinMatt Levitt Mintz Levin

DISCOVERY PRACTICE

MODERATORAdam Hirsch,

Robinson, Curley & Clayton

Practical and entertaining education for business owners and executives, Accredited Investors, and their

legal and financial advisors.

For more information, visit www.financialpoisewebinars.com

DISCLAIMER:

THE MATERIAL IN THIS PRESENTATION IS FOR INFORMATIONAL PURPOSES ONLY. IT SHOULD NOT BE CONSIDERED LEGAL ADVICE. YOU SHOULD CONSULT WITH AN ATTORNEY TO DETERMINE WHAT

MAY BE BEST FOR YOUR INDIVIDUAL NEEDS

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http://www.financialpoise.com/

ABOUT THIS SERIES

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This series is targeted to attorneys who are just starting to get involved in civil litigation, or who could use a refresher on some litigation fundamentals. The purpose is to provide an introduction to various different components and parts of litigation – from the basic rules of civil procedure and evidence, to dispositive motions, through trial, and on to appeal and post-judgment collection work. The series is best viewed as a whole, building from one session to the next.

ABOUT THIS EPISODE

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DISCOVERY PRACTICE

How do I get the information that I need to prove my case? This session will dive into discovery methods and procedures. We will get into the nitty-gritty on the timing and procedures for the initial required disclosures. We’ll discuss the use of interrogatories, document requests and requests to admit. There will be an explanation of the importance and potential cost of electronic discovery. And we’ll explore how to limit the overly-broad discovery requests you are sure to get from opposing counsel.

EPISODES IN THIS SERIESEPISODE #1 Federal Civil Procedure Rule Refresher 8/18/15

EPISODE #2 Discovery Practice 8/26/15

EPISODE #3 Evidence Rule Refresher 9/3/15

EPISODE #4 Mediation Basics 9/10/15

EPISODE #5 Working with Experts 9/22/15

EPISODE #6 Motion Practice I- TROs and Preliminary Injunctions 10/6/15

EPISODE #7 Motion Practice II - Motions to Dismiss and Summary Judgement 10/20/15

EPISODE #8 Anatomy of a Trial 10/27/15

EPISODE #9 Appellate Practice – 101 11/3/15

EPISODE #10 Post-Judgment Proceedings & Collections 11/11/15

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(Dates below are premier dates; all webinars also available on demand)

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Propounding Discovery

•What do I ask for?•How do I ask?•Who do I ask?•What happens if I reach an impasse with the other side?

Responding to Discovery

•What type of information do I have to turn over?•How much information do I have to turn over? •How can I protect sensitive information in discovery?

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THE MAJOR TYPES OF DISCOVERY

• Initial Disclosures- FRCP 26(a)(1)

• Requests for Production of Documents- FRCP 34

• Requests for Admission- FRCP 36

• Interrogatories- FRCP 33

• Third Party Subpoenas- FRCP 45

• Expert Discovery- FRCP 26(a)(2)

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Evidence that will be presented at trial.

All of the Information in the World

Relevant Information Responsive to Discovery

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Discovery Doesn’t Look Like This Anymore.

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Initial Disclosures Checklist

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• Witness information

• Description by category and location of documents and ESI

• Computation of each category of Damages.

• Relevant insurance agreements

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Requests for Production

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Propounding

•What should I ask for?

•Are there limits on how many requests I can make?

•How should I structure my requests?

Responding

•Can I object?

•What should I say?

•How does what I say bear on the documents I produce?

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Requests for Admission

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Propounding

•What are the purpose of Requests for Admission

•Requests for Admission about authentication

•Requests for Admission about substantive issues

Responding

•DON’T BE LATE!!!

•Can I object?

•What should I say?

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Interrogatories

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Propounding

•What should I ask for?

•Interrogatories aimed at facts

•Contention Interrogatories

Responding

•How much do I have to say?

•Can I object?

•Can I answer in part or do I have to answer in full?

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Depositions

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Taking Depositions

•Where should the deposition take place?

•What should a Deposition Notice say?

•What is a Rule 30(b)(6) deposition?

Defending Depositions

•Witness preparation

•Is all witness preparation privileged?

•Responding to a Rule 30(b)(6) deposition

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Third Party Discovery

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• Don’t need leave of court

• Can issue subpoenas nationwide

• How does a document rider work?

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Protective Orders

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FRCP 26(c)(1):

•“A party or any person from whom discovery is sought may movefor a protective order in the court where the action is pending…”

•“The motion must include a certification that the movant has in good faith attempted to confer with other affected parties in an effort to resolve the disputeWithout court action.”

•“The court may, for good cause, issue an order to protect a party or personFrom annoyance, embarrassment, oppression, or undue burden or expense…”

MORE ABOUT THE FACULTY

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ADAM HIRSCH

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[email protected]

Adam is a partner at Robinson Curley & Clayton. He represents a wide variety of clients, ranging from individuals to small business owners to large corporations. He has a particular focus on business and investment disputes, and has experience litigating such disputes in numerous state and federal courts. He has also represented business clients in arbitration and mediation proceedings. Adam also represents employees in employment discrimination matters.

Before joining Robinson, Curley & Clayton, Adam was an associate at Jenner & Block in Chicago, where his practice focused on complex business litigation.

mailto:[email protected]


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MICHAEL DICKLER

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[email protected] Dickler has developed a wide range of skills from representing clients in complex commercial litigation, securities litigation, first party insurance disputes and in appellate work in state and federal courts.Mr. Dickler joined Sperling & Slater in 2004. He previously spent three years as a litigation associate at Jennner & Block and served for two years as a law clerk to the Hon. Wayne R. Andersen (N.D. Ill.).EducationUniversity of Michigan Law School (J.D. 1999) First Place, Campbell Moot Court CompetitionUniversity of Michigan (B.A. in Political Science 1996)AdmissionsIllinoisU.S. District Court for the Northern District of Illinois U.S. Court of Appeals for the Seventh CircuitMemberships and Professional AffiliationsChicago Bar Association


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JASON HIRSH

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[email protected]

Jason is a partner at Levenfeld Pearlstein. As a partner in the firm's Litigation Group, he focuses on protecting the assets of business owners as well as institutional clients. Jason works to bring a distinct level of energy and dedication to each matter.

Jason’s practice is dedicated to complex business litigation, representing clients in corporate, real estate, and financial services related matters with a particular focus on anticompetitive conduct, trade secrets and representing individuals and financial institutions in securities brokerage litigation and arbitration in the Courts and before the Financial Industry Regulatory Authority (FINRA).

Jason is also a firm leader in e-discovery. He has developed an expertise in advising clients in all aspects of e-discovery including both pre-litigation preparedness and litigation related management and solutions.


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MATT LEVITT

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[email protected]

Matt is an attorney at Mintz Levin. His practice encompasses a range of litigation matters, including False Claims Act defense, securities litigation, complex civil litigation, and white collar criminal defense. He regularly advises clients at all stages of civil and criminal litigation, from pre-litigation counseling and investigation through discovery, trial, and the appeals process.

In 2010, Matt was appointed as a Special Assistant District Attorney for Middlesex County while on a firm-sponsored leave of absence. In that role, Matt prosecuted hundreds of criminal cases, handled arraignments and bail arguments, argued motions to suppress, and took over a dozen cases to jury and jury-waived trials.

Before joining Mintz Levin, Matt served as a law clerk to the Honorable Martha B. Sosman of the Supreme Judicial Court of Massachusetts. During law school, he also served as a law intern for the Honorable David N. Hurd, U.S. District Court for the Northern District of New York.During law school, he served as editor-in-chief of the University of Pennsylvania Law Review.

The ChamberWise™ Education Consortium is a resource for Chambers of Commerce to provide its members with valuable member benefits by offering relevant business education webinars; and generate revenue for the Chamber as well.

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Visit www.chamberwise.org

DISCOVERY PRACTICE

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About Financial Poise™

DailyDAC, LLC, d/b/a Financial Poise™ provides continuing education to business owners and executives, investors, and their respective trusted advisors. Its

websites, webinars, and books provide Plain English, sometimes entertaining, explanations about legal, financial, and other subjects of interest to these

audiences.

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DISCOVERY PRACTICE

IMPORTANT NOTE:THE MATERIAL IN THIS PRESENTATION IS FOR

GENERAL EDUCATIONAL PURPOSES ONLY. IT SHOULD NOT BE CONSIDERED LEGAL,

INVESTMENT, FINANCIAL, OR ANY OTHER TYPE OF ADVICE ON WHICH YOU SHOULD RELY.

YOU SHOULD CONSULT WITH AN APPROPRIATE PROFESSIONAL ADVISOR TO DETERMINE WHAT MAY BE BEST FOR YOUR INDIVIDUAL NEEDS.

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DISCOVERY PRACTICE

Discovery Practice

Education

Transcript of Discovery Practice