Discovery on Discovery: Disputes About a Litigant’s Efforts to Search for, Locate, Preserve and Collect Responsive ESI
A live 90-minute CLE video webinar with interactive Q&A
This CLE course will address a litigant’s pursuit of discovery regarding an adversary’s efforts to search for, locate, preserve and collect relevant ESI (a/k/a “discovery on discovery”) including: (1) the interplay between cooperation and transparency in discovery; (2) recent judicial decisions addressing requests for discovery on discovery; and (3) provide practical advice for avoiding discovery on discovery and strategic considerations for the potential offensive use of discovery on discovery.
- The challenges of seeking discovery on discovery
- Sedona Conference Principles 3 and 6
- Presumption that the responding party is best situated to respond to discovery
- Judicial Treatment of requests for discovery on discovery
- Baseline showings needed to pursue discovery on discovery
- Effective Use of ESI Protocols
- Objections to discovery on discovery
- Privilege objections
- Potential waiver of privilege if produce privileged information
- Motions to compel
- Cooperation and attempts to meet and confer
- Establishing strong factual records
- Burden of proof
- Potential sanctions?
The panel will review these and other critical issues regarding discovery on discovery:
- The importance of cooperation and ESI Protocols in avoiding discovery on discovery;
- The potential for offensive use of discovery on discovery and strategic considerations surrounding when/if a litigant may seek discovery on discovery;
- The potential discoverability of litigation holds; and
- The importance of preparing and formulating a defensible discovery plan
Scott J. Etish
Director, Commercial & Criminal Litigation
Mr. Etish is an experienced litigator who represents a wide range of clients from various industries, including food... | Read More
Mr. Etish is an experienced litigator who represents a wide range of clients from various industries, including food manufacturing, transportation, pharmaceutical, and real estate. His diverse litigation practice is focused primarily on complex commercial disputes, but he is also regularly involved in products liability, real estate, construction, and professional liability litigations. His complex commercial practice frequently involves business torts, restrictive covenants, antitrust, and shareholder agreements. He often serves as a resource to national counsel unfamiliar with litigating in the state and federal courts located within Pennsylvania and New Jersey, and he works tirelessly with clients to understand their business objectives.Close
Robert L. Lindholm
Mr. Lindholm focuses his practice on government investigations and white-collar defense, high stakes business... | Read More
Mr. Lindholm focuses his practice on government investigations and white-collar defense, high stakes business litigation and class action defense, and e-discovery and litigation readiness. He represents financial institutions, Fortune 500 companies, private equity firms, hedge funds, and companies/individuals involved in the cryptocurrency industry in a wide array of internal/government investigations and commercial litigation.Close
Early Discount (through 11/12/21)
Cannot Attend December 2?
Early Discount (through 11/12/21)
You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.