Discovery Requests in Employment Litigation Under the Heightened Scrutiny of Amended Rules 26(b) and 34(b)
Drafting or Responding to Interrogatories, Requests for Production of Documents or Admission of Facts, and Third-Party Subpoenas
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide employment litigators in drafting discovery requests that will likely survive heightened judicial scrutiny under Rule 26(b) of the Federal Rules of Civil Procedure. The panel will also discuss strategies for objecting to discovery requests that are overly burdensome in a specific manner and producing documents and electronically stored information (ESI) promptly as required by amended Rule 34(b).
- Brief overview of prior amendments and their requirements
- Considerations for drafting discovery requests
- Strategies for responding/objecting to discovery requests
The panel will review these and other key issues:
- When drafting discovery requests, what considerations should employment counsel consider to ensure that the requests are in line with the new proportionality standard?
- When responding to early requests for production, how specific must employment litigators be in their objections? What constitutes a "reasonable time" for producing information?
- What guidance does case law provide on determining the circumstances in which the burden or expense of obtaining discovery outweighs the likely benefit?
Sarah Brite Evans
Schwartz Semerdjian Cauley & Evans
Ms. Evans has been practicing law in San Diego since 2000, primarily working on employment law matters. She regularly... | Read More
Ms. Evans has been practicing law in San Diego since 2000, primarily working on employment law matters. She regularly provides employment law advice to local employers to assist their compliance with all applicable statutes and regulations. Ms. Evans regularly counsels employers on critical issues, including preventing harassment and hostile work environment claims, wage and hour compliance, and disciplinary actions.Close
James F. Horton
Mr. Horton focuses his practice as a labor and employment trial attorney. James is proficient in FLSA violations and... | Read More
Mr. Horton focuses his practice as a labor and employment trial attorney. James is proficient in FLSA violations and building ADA compliance.Close
Corwin J. Carr
Mr. Carr has extensive experience conducting internal investigations and representing companies primarily in labor and... | Read More
Mr. Carr has extensive experience conducting internal investigations and representing companies primarily in labor and employment disputes before administrative agencies and in federal court. He secured a jury and bench verdict in favor of a major US City in a federal court case alleging race and political affiliation discrimination. In addition to trial work, Mr. Carr has represented companies and institutions in arbitration, including the successful defense of an educational institution against a general contractor’s claims for additional payments related to the construction of a new campus building.Close