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On Demand

What Every In-House Counsel Needs to Know to Avoid Discovery-Related Sanctions

1h 1m

Created on November 16, 2017



Practitioners across the country highly anticipated the 2015 Amendments to the Federal Rules of Civil Procedure (FRCP) which were touted as a way to curtail rising discovery costs in United States litigation. The 2015 Amendment to Rule 26(b)(1) underscored the importance of proportionality and outlined factors for parties and courts to consider when deciding whether a discovery request is proportional to the needs of a case. However, almost two years later, few courts have issued significant decisions limiting discovery pursuant to Rule 26(b)(1)'s proportionality requirement and discovery orders entered pursuant to state law still sanction companies and their counsel for failure to conduct thorough document searches that include employee emails and other electronically stored information (ESI).

This course, presented by Elizabeth A. Livingston, Esq., a Senior Associate at Griesing Law, LLC, reviews the risk of sanctions associated with proportionality-age discovery decisions, addresses counsel's related ethical responsibilities, and offers practical guidance to consider when crafting and implementing discovery-related case strategies.

Learning Objectives: 

  1. Review 2015 Amendments to the Federal Rules of Civil Procedure
  2. Analyze court opinions and orders concerning scope of discovery and party responsibilities
  3. Assess ethical implications for in-house and outside counsel relating to discovery tactics with reference to ABA Model Rules of Professional Conduct
  4. Provide practical guidance to reduce legal risk concerning discovery strategy, including e-discovery best practices

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