Discovery Issues in Federal Agency Litigation: Navigating Privileges, Work Product, FOIA and More

Mastering Application of Discovery Concepts and Unique Rules for Litigation With Government Agencies

Recording of a 90-minute CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
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Conducted on Tuesday, January 14, 2014

Recorded event now available

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Course Materials

This CLE course will provide litigators with the necessary tools to effectively conduct discovery when a federal agency is a party. Our panel of experienced litigators will analyze, explain and offer their experiences on key issues involving government privileges, work product and the use of the Freedom of Information Act (FOIA) as a discovery tool.


Practitioners face unique substantive and procedural challenges in litigation with a federal agency. Several privileges are either specific to—or have special application in—such litigation.

To effectively advocate for clients, employment counsel must be well versed in the various discovery roadblocks presented by privileges specific to government litigation. In addition to privilege-related discovery challenges, counsel must also understand the unique rules regarding work product and agency attorneys.

Counsel will benefit from learning our panelists' creative, "outside the box" approaches to gain the information and evidence necessary to zealously represent their clients, such as using a FOIA request to obtain information from the government.

Listen as our authoritative panel reviews the procedural and substantive discovery challenges involved in litigating with a government agency. The panel will outline discovery strategies that maximize counsel's ability to procure information from federal agency parties.



  1. Overview of discovery challenges
  2. Privileges
    1. Deliberative process
    2. Common interest
    3. Attorney-client
    4. Work product
  3. Integration of FOIA
  4. E-discovery rules


The panel will review these and other key questions:

  • What are the discovery challenges when a federal agency is a party?
  • How do certain privileges apply to federal agencies and restrict information sharing?
  • What privileges are unique to federal agencies and how do they apply?
  • How can FOIA be used as a discovery tool?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Anthony J. Diana
Anthony J. Diana

Mayer Brown

Mr. Diana focuses his practice on commercial litigation, electronic discovery, internal and regulatory investigations...  |  Read More

Jeane A. Thomas
Jeane A. Thomas

Crowell & Moring

Ms. Thomas is Chair of the firm’s E-Discovery and Information Management Group and a Partner in the firm’s...  |  Read More

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