Training Course Syllabus:

Discovery Under the New Federal Rules of Civil Procedure

Strategically Apply E-Discovery Changes Under the Federal Rules of Civil Procedure

The amendments to the Federal Rules of Civil Procedure (FRCP) have brought significant changes to e-discovery and litigation strategy. Are you taking full advantage of these changes? Learn how to apply the proportionality standard, new guidelines on spoliation and more to your next case. Our veteran faculty will explain how to adapt your current e-discovery process to make the new FRCP changes work in your daily practice. Register today!

• Recognize how the amended rules speed up early stage litigation.
• Learn to interpret the new scope of discovery under Rule 26(b).
• Prepare for the practical impact of proportionality on your case.
• Master new preservation standards and upgrade your use of litigation holds.
• Get tips for drafting specific discovery requests and shifting discovery costs.
• Avoid ethical pitfalls when collecting and reviewing social media evidence.

1. Overview of the Amended FRCP: A Look at What's Changed and How
   9:00 - 10:00, Written by Prof. Sara Anne Hook.
   Presented by Prof. Sara Anne Hook in Indianapolis and John H. Halstead in Merrillville.
   
2. Early Case Management
   10:00 - 10:45, Written by Prof. Sara Anne Hook.
   Presented by Prof. Sara Anne Hook in Indianapolis and Gregory M. Bokota in Merrillville.
   
   1. Rule 4(m): Reduced Time for Service
   2. Rule 16: Scheduling Order Changes
   3. Identifying Discovery Issues Early in Litigation
   4. Direct, Simultaneous Communication in Pretrial Conference
   5. Rule 34: Handling Objections to Requests to Produce
   6. Drafting a Rule 37 Motion to Compel Disclosure or Discovery
3. Cooperation Between Counsel
   11:00 - 12:00, Written by Cari L. Sheehan.
   Presented by Cari L. Sheehan in Indianapolis and Stacy Vasilak in Merrillville.
   
   1. Rule 1: Is Cooperation Mandatory?
   2. Following the Sedona Conference Cooperation Proclamation
   3. How Cooperation Supports Effective Legal Advocacy
   4. Protecting Your Client While Following the Duty to Cooperate with Opposing Counsel
   5. Using the Court's Discretion to Shift Discovery Costs to Your Advantage
4. Preservation of ESI and Litigation Holds
   1:00 - 2:15, Written by Christopher C.T. Stephen.
   Presented by Christopher C.T. Stephen in Indianapolis and Gregory M. Bokota in Merrillville.
   
   1. Know Your Client's Data Retention Policy
   2. Learning About Your Opponent's Data System
   3. Addressing ESI Preservation in Scheduling Order
   4. What Triggers a Duty to Preserve?
   5. Using Sedona Guidelines to Determine Reasonable Steps to Preserve
   6. Rule 37(e): Consequences for Failure to Preserve
   7. Following the Common Law Standard to Preserve Data
   8. Identifying and Educating Data Custodians
   9. Tips for Drafting Specific Litigation Holds
   10. Discovery of Litigation Hold Letters
   11. Factors the Court Uses to Evaluate Failure to Preserve
   12. Sanctions and Curative Measures for the Loss of Discoverable Data
   13. Advising Clients on Document Retention and Destruction Policies
5. Rule 26 Changes
   2:15 - 3:15, Written by Christopher C.T. Stephen.
   Presented by Christopher C.T. Stephen in Indianapolis and John H. Halstead in Merrillville.
   
   1. Understanding the New Scope of Discovery under Rule 26(b)
   2. Preparing for a Rule 26(f) Conference
   3. Elimination of Subject-Matter Discovery
   4. Removal of "Reasonably Calculated" Standard
   5. When the Court will Limit Discovery
   6. Using Protective Orders to Allocate Discovery Expenses
   7. Drafting a Required Discovery Plan
   8. Rule 26(f)(3)(C): ESI Discovery Plan
6. Ethics
   3:30 - 4:30, Written by Cari L. Sheehan.
   Presented by Cari L. Sheehan in Indianapolis and Stacy Vasilak in Merrillville.
   
   1. Knowledge of Technology and Attorney Competence
   2. Conflicts of Interest
   3. Appropriate Client Communications
   4. Protecting Confidentiality
   5. Social Media Pitfalls
   6. Privilege Waivers

Seminar Summary:

Learn how to apply the proportionality standard, new guidelines on spoliation and more to your next case. (see full course description)

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