Topic
Discovery Planning
8 published works
Minding Your Business
Privilege Planning in the New Era
At the end of 2025, amendments were made to the Federal Rules of Civil Procedure that fundamentally change when and how litigators must address privilege issues in federal court. These…
Percipient
15 Issues to Consider for E-Discovery and ESI Protocols (2021 Update)
By Chad Main
Under Federal Rule of Civil Procedure 26(f) and some state court rules like Colorado’s CAPP Rule 6.1, litigants are required to meet and confer early in a case to craft a…
Dig Deeper
Rule 26(f) Meet and Confer: A Discovery Requirement
By Steven Toews
The “meet and confer” requirement imposed by the Federal Rules of Civil Procedure (or, more specifically, FRCP 26(f)) requires that the parties to litigation must, “as soon as practicable” meet…
Resolving Discovery Disputes
Discovery and the Motion for Summary Judgment
In most practices areas, facts are king. The attorney who can discover and present the best “facts” will be the most persuasive when presenting their case to the judge or jury. However, some…
Resolving Discovery Disputes
Discovery Plan Part 4 — The Year Before Trial
Somewhere in the back of your mind you are aware that discovery and Motions for Summary Judgment deadlines are looming. Yet, you really don't pay attention to them until they…
Discovery Advocate
Advocating Cooperation and Proportionality? Study the case law!
Co-authored by: Alberto Rodriguez In a prior post we noted that those seeking to achieve proportionality in the face of objection by an opponent, or a court’s lack of experience,…
Resolving Discovery Disputes
Litigate like an Egyptian
You are now sitting down to organize your Discovery Plan and determining what discovery you need to evaluate your case, prepare for mediation, file a motion for motion for summary…
Resolving Discovery Disputes
Do You Have a Discovery Plan?
As a discovery referee, I normally come into cases when there already is a problem. Either discovery in the case is out of control, or the antagonism among counsel is…