Negotiating Discovery: Obstacles and Pathways to Success

Moderator: Eric P. Mandel, Driven

Panelists: Brian D. Clark (Lockridge Grindal Nauen P.L.L.P.), Kemoy Foster (Swiss Re),   Rachael Lee Zichella (Taylor English Duma LLP)

Description: Discovery is rarely a zero-sum game; yet too often parties start discovery negotiations as if that were the case.  Rule 1 of the Federal Rules of Civil Procedure was amended in 2015 to reflect that the parties, and their counsel, share the duty with the courts to ensure the “just, speedy, and inexpensive determination of every action and proceeding.” In this session we will explore the key issues to be addressed in a meet and confer, along with methods for approaching discovery negotiations as a cooperative endeavor and avoiding knock-down, drag out fights. Topics will include addressing proportionality and inaccessibility of ESI under Rule 26, preparing proper discovery requests and responses in accordance with Rule 34, requesting Rule 502(d) orders, and negotiating for discovery of ESI from non-traditional data sources, e.g., mobile device data, cloud data, structured data, and more.

Negotiating Discovery: Obstacles and Pathways to Success was recorded on April 5, 2019.

MCLE Credit*: MO 1.2 self-study credit | KS 1.0 non-traditional credit

*Missouri limits self-study credit to a total of 6 hours per reporting period. Kansas limits non-traditional credit to a total of 6 hours per reporting period.

Registration Period: April 6, 2019 – April 5, 2019.

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