Attention:

OMG, What is Proportionality? Discovery Disputes in Federal Courts


Level: Intermediate
Runtime: 92 minutes
Recorded Date: May 03, 2018
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Agenda


  • Scope of Discovery/Rule 26
  • Discovery Plan
  • Discovery Responses
  • Judicial View Point of Discovery Disputes
Runtime: 1 hour and 32 minutes
Recorded: May 3, 2018

Description

Get a practical approach to discovery disagreements, with a view from the Bench. This program is geared toward new and experienced lawyers who practice in federal court or who are new to federal court and want a basic understanding or better understanding of how federal judges handle discovery disputes as well as key issues to consider when bringing such disputes for judicial resolution.

Panelists will highlight key areas of the amended Federal Rules such as distinguishing the scope of discovery in the new Rule 26 "proportionality" requirement with old Rule 26 "reasonably calculated," and will also consider cooperation and the requirement of meeting and conferring, especially with regard to electronic discovery.

Using a practical approach, the faculty will discuss how a lawyer determines what to ask for in discovery to avoid disputes and the next steps to take if the lawyer does not get what is needed.

This program was recorded on May 3rd, 2018.

Provided By

American Bar Association

Panelists

Sonia Ramirez

Member
Clark Hill Strasburger PLC

A board-certified employment lawyer, So?a Ramirez has represented companies in all aspects of employment law for over 15 years. So?a manages litigation for a number of national and Texas-based employers in a wide-range of industries that include manufacturing, construction, retail, health care, restaurants and oil and gas.

Her experience includes defending companies in discrimination/retaliation administrative charges and lawsuits, worker's compensation retaliation lawsuits, governmental investigation and audits, unemployment hearings, wage and hour matters, and trade secret and non-compete litigation. Because of her extensive experience, she is particularly adept at helping clients avoid litigation and negotiating early settlement of cases. So?a, however, will vigorously defend companies through trial and arbitration.

So?a provides quick, strategic and practical advice to boards of directors, in-house counsel and human resource professionals regarding a wide-variety of employment and compliance issues.

So?a also prepares and negotiates executive agreements, employment agreements, non-competition agreements, independents contractor agreements, and severance agreements for privately-held and public companies. She prepares handbooks and policies for multi-state employers in highly-regulated industries, and conducts in-house employment training for HR departments, managers and supervisors and employees. Finally, So?a has regularly assisted multiple large clients in handling employment issues resulting from mergers and acquisitions, including large-scale reductions-in-force and reorganizations.

Prior to joining Clark Hill Strasburger, So?a served as Briefing Attorney to Chief Justice Phil Hardberger and Justice Phyllis Speedlin with the Fourth Court of Appeals in San Antonio.

Darrell Cochran

Founding Partner
Pfau Cochran Vertetis Amala, PLLC

Over the past 24 years, Darrell Cochran has won a significant number of multi-million dollar verdicts and settlements for his clients, both in Washington state and around the country. His legal philosophy is guided by the desire to assist those severely injured or damaged by well-funded defendants who have abused their power or acted recklessly in their disregard for others. A few examples of his impressive casework include a $95 million class action verdict against the Washington DSHS for breach of contract, a $7.5 million class action settlement against Multicare Health System for deceptive billing practices, and his role in negotiating a $60 million settlement for Oso landslide victims against Washington State and the timber company. Darrell’s practice areas include catastrophic injury or death, medical malpractice, sexual abuse, insurance bad faith, product liability, class action and general serious personal injury. Many of his cases attract local and national media attention, including high-profile litigation involving Puget Sound Energy, Hunter-Donaldson, Washington DSHS, Apple Computers, Washington State DOC and various school districts. Darrell often accepts difficult case requests from across the Northwest, and several of his jury verdicts have prompted important changes in Washington state law.

Darrell graduated Magna Cum Laude and Phi Beta Kappa from the University of Washington in 1990 and received his J.D. from the University of Michigan Law School in 1993. His legal career began in 1993 at Gordon Thomas Honeywell, where he made partner 5 years later at the age of 30. In 2008 he co-founded Pfau, Cochran, Vertetis and Amala PLLC, a personal injury firm with offices in Tacoma and Seattle.

The members of the influential Washington State Association for Justice (WSAJ) elected him President for their 2017-2018 term, and he was named that organization’s ‘Trial Lawyer of the Year’ in 2015. He has also been selected as a ‘Super Lawyer’ every year since 2003. Yet despite the success Darrell has achieved, he has not lost what he terms the ‘human touch’. Clients often mention how accessible he is and how he works to ensure their comfort with the process from start to finish. Darrell has earned this praise through countless hours spent listening to his clients, building their case, then acting as their legal advocate with passion and skill.

Timoth L. Brooks

U.S. District Judge
U.S. District Court for the Western District of Arkansas

Timothy L. Brooks is a federal judge of the United States District Court for the Western District of Arkansas. President Barack Obama nominated Brooks on June 7, 2013.[1] Brooks was confirmed by the U.S. Senate on March 5, 2014 on a vote of 100-0.[2] Prior to his confirmation he was a partner with Fayetteville, Arkansas law firm Taylor Law Partners, LLP.

Brooks received his B.S.B.A. in 1986, from the University of Arkansas, and then went on to receive his J.D. from the University of Arkansas School of Law in 1989.


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