Litigator's Duty of Reasonable Inquiry in Rule 26(g)(3): Guiding a Client Through Discovery
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will discuss how counsel can objectively satisfy the Fed. R. Civ. P. 26(g) duty to make reasonable inquiry into the client's discovery responses and thereby certify that the client has met its discovery obligations. The program will review what being "actively involved in discovery" means, as a practical matter; what it means to "follow up and validate;" and counsel's options if it cannot make the Fed. R. Civ. P. 26(g) certification.
Outline
- Counsel's duty to supervise client discovery
- Strategies for staying actively involved in discovery
- Strategies for validating client's searches and productions
- Strategies for when client performance falls short
Benefits
The panel will review these and other key issues:
- Why do lawyers and parties continue to struggle with managing discovery?
- What is "knowledge, information, and belief formed after a reasonable inquiry"?
- What have courts identified as less than reasonable inquiry into a client's discovery undertakings and what are the possible consequences, including sanctions?
- How can counsel overcome client objections to their involvement in discovery?
Faculty
Ralph Losey
Attorney Partner
Losey
Mr. Losey has over forty years of experience representing companies and individuals in information technology issues,... | Read More
Mr. Losey has over forty years of experience representing companies and individuals in information technology issues, including contracts and business advice. He also has substantial experience in civil litigation, including commercial, intellectual property, employment and insurance. Mr. Losey's litigation sub-specialty in these areas is fraud, primarily defense oriented, but he also initiated for the plaintiff, on behalf of the United States, several government fraud Qui Tam cases. One resulted in the largest False Claims Act settlement in history. For the past ten years he has focused on a new area of the law that he has become passionate about, artificial intelligence, especially its use to find evidence and its ethical implications.
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John J. Rosenthal
Partner
Winston & Strawn
With nearly 30 years of trial experience, Mr. Rosenthal litigates complex commercial, antitrust and false advertising... | Read More
With nearly 30 years of trial experience, Mr. Rosenthal litigates complex commercial, antitrust and false advertising cases. As Chair of the firm's eDiscovery & Information Governance Practice, he also has expansive experience in all areas of electronic discovery, privacy, information governance, and data breach. In addition to Mr. Rosenthal’s litigation and counseling he also acts as national e-discovery counsel for numerous corporations. He is a former steering committee member of Working Group 1 of the Sedona Conference on Best Practices for Electronic Discovery and Records Management, a group of lawyers, judges and vendors focusing on the development of the law regarding electronic discovery and retention issues. Mr. Rosenthal is also a participant in Working Group 6 of the Sedona Conference International Electronic Information Management, Discovery and Disclosure, which focuses on international issues relating to disclosure, cross-border discovery, and privacy.
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Jennifer Sutherland
Attorney
Gilman & Bedigian
Ms. Sutherland is a former Chief Solicitor with the Baltimore City Office of Law and partner associated with several... | Read More
Ms. Sutherland is a former Chief Solicitor with the Baltimore City Office of Law and partner associated with several Baltimore-area law firms. She has accumulated more than twenty-four years of experience representing clients in personal injury, professional negligence, employment, civil rights, and insurance matters.
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Ariana J. Tadler
Founder & Managing Partner
Tadler Law
Ms. Tadler s the founding partner of Tadler Law LLP, a WBENC-certified, women-owned boutique law firm that offers an... | Read More
Ms. Tadler s the founding partner of Tadler Law LLP, a WBENC-certified, women-owned boutique law firm that offers an array of litigation and legal counseling services. With 30 years’ experience advocating for consumers and investors against corporate fraud and abuse while litigating and managing securities, consumer and data breach class actions, and complex litigation,she is one of the leading women litigators in the country. Described by Chambers USA as one who “passionately defends her clients’ interests to the greatest extent possible,” Ms. Tadler litigates large, complex, high-profile cases. She is sought after for her unique legal and technological acumen and case management skills.
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