BarbriSFCourseDetails
  • videocam On-Demand
  • signal_cellular_alt Intermediate
  • card_travel Employment and Workers Comp
  • schedule 90 minutes

Discovery Requests in Employment Litigation Under the Heightened Scrutiny of Rules 26(b) and 34(b)

Drafting or Responding to Interrogatories, Requests for Production of Documents or Admission of Facts, and Third-Party Subpoenas

$297.00

This course is $0 with these passes:

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Description

Rule 26(b) requires that employment litigators raise proportionality arguments to support their discovery requests and to object to opposing counsel's discovery requests. Courts have emphasized that parties must rein in overly broad discovery requests.

Litigators must justify any request for discovery beyond the direct circumstances that led to the employment law claim and damages sought. Interrogatories, requests for production of documents, requests for admissions, and third-party subpoenas for information in personnel files intended to demonstrate similar conduct or prior complaints may be narrowed or quashed if the burden or expense of producing the information outweighs its likely benefit.

Knowing how to draft discovery requests that are likely to withstand burden and proportionality challenges and how to craft objections to broad discovery requests is critical for employment litigators. This includes understanding how to object to Rule 34 requests with specificity and how to respond to early requests for production within a "reasonable time."

Listen as our authoritative panel discusses how courts are interpreting and applying the current requirements of the Federal Rules of Civil Procedure and best practices for employment litigators for drafting and responding to discovery requests.

Presented By

James F. Bryton
Of Counsel
Littler Mendelson PC

Mr. Bryton focuses his practice as a labor and employment trial attorney. Utilizing his years of experience as a litigator, he provides training sessions regarding best practices for in-house and human resources professionals. Mr. Bryton also advises on issues including onboarding matters, leaves of absence and accommodations, performance management and discipline, discrimination, harassment, employment policy development and implementation, wage and hour issues, and worker classifications. Prior to joining the firm, Mr. Bryton litigated employment discrimination, sexual harassment, and hostile work environment claims as senior counsel in the Labor and Employment Division of the City of New York. 

Corwin J. Carr
Partner
Barack Ferrazzano Kirschbaum & Nagelberg LLP

Mr. Carr has extensive experience conducting internal investigations and representing companies in labor and employment disputes before administrative agencies and in federal court. He secured a jury and bench verdict in favor of a major U.S. city in a federal court case alleging race and political affiliation discrimination. In one of the first district court cases addressing the “ministerial exception” after the Supreme Court’s 2020 ruling in Our Lady of Guadalupe v. Morrissey-Berru, Mr. Carr successfully won summary judgment in the employer’s favor on a terminated employee’s claim of pregnancy discrimination. He also has experience defending employers against wage-and-hour claims, including securing summary judgment and a circuit court affirmance in an employer’s favor in a case alleging misclassification and unpaid overtime under the FLSA.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Wednesday, September 17, 2025

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

I. Overview of FRCP 26(b) and 34(b): history of amendments

II. Considerations for drafting discovery requests

III. Strategies for responding/objecting to discovery requests

The panel will review these and other key issues:

  • When drafting discovery requests, what considerations should employment counsel consider to ensure that the requests are in line with the proportionality standard?
  • When responding to early requests for production, how specific must employment litigators be in their objections? What constitutes a "reasonable time" for producing information?
  • What guidance does case law provide on determining the circumstances in which the burden or expense of obtaining discovery outweighs the likely benefit?