Discovery in Federal Litigation: Pitfalls, Perils, and Opportunities

Discovery in federal litigation—particularly in trade secret litigation—can be an expensive and time-consuming process that often devolves into motion practice and does little to advance the litigation towards resolution. Yet, by confronting many of the recurring pitfalls at the outset of litigation and investing in early internal diligence, the costs and headaches associated with such discovery may be reduced.

The program will provide an overview of discovery best practices, key points to consider when drafting documents that govern discovery—including Electronically Stored Information (ESI) protocols and Protective Orders—the intersection of document discovery and depositions, and how to effectively use discovery at the summary judgment stage. This program is intended for both in-house and outside counsel at all levels, particularly for those who may not have been involved in discovery in federal litigation.

Learning Objectives:

• Explore pre-litigation and early-stage litigation document review and preservation
• Understand how to draft documents to govern discovery
• Investigate document harvest and review
• Analyze how to leverage document discovery at depositions
• Comprehend how to leverage discovery at the summary judgment stage