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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Class Action and Other Litigation

Date & Time
  • event Date

    Tuesday, November 15, 2022

  • schedule Time

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

  • timer Program Length

    90 minutes

Credit Information

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


  • Live Online


    On Demand

$297.00

This course is $0 with these passes:

CLE
ALL

This CLE webinar will discuss how to get a court's attention in a discovery dispute and prove (or disprove) annoyance, embarrassment, and undue burden for Federal Rule of Civil Procedure 26(c) and corresponding state court rules. The panel will discuss the evidence needed beyond boilerplate recitals, what degree of annoyance, embarrassment, or burden justifies judicial intervention, and what moves judges to grant relief. The panel will also discuss the use of special masters.

Faculty

Kristen W. Broz
Partner
Fox Rothschild LLP

Ms. Broz centers her practice on complex litigation, with an emphasis on class action, antitrust and mass torts. She also has substantial experience advising clients on complying with U.S. and international regulations, consumer protection issues, data privacy matters and technology management.

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Jacquelyn E. Fradette
Attorney
Sidley Austin LLP - Germany

Ms. Fradette is a complex civil litigator who represents clients in all areas of trial litigation. Her experience broadly ranges from pre-complaint analysis through trial, with a particular focus on hearings, trial, depositions, and expert testimony.    

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Description

Parties in federal court (in most states) are entitled to discovery of nonprivileged matter relevant to any party's claim or defense and proportional to the needs of the case. But can litigants make respondents create records or analyses of raw data or the other side?

A court can prevent or limit pretrial discovery to protect the party or person from whom it is sought from annoyance, embarrassment, oppression, or undue burden or expense. Since most discovery is usually unwelcome, vigorous debate continues over what constitutes excessive annoyance, embarrassment, oppression, undue burden or expense, the necessary burdens of proof, and the quality of evidence required to obtain relief.

Since courts hear complaints routinely, counsel must be able to capture the court's attention with concrete arguments supported by data and evidence.

Listen as this esteemed panel of litigators discusses what is required to prove or disprove that discovery subjects the subject to annoyance, embarrassment, oppression, or undue burden or expense sufficient to modify the general rules of production.

Outline

  1. Relevant legal standards
  2. Evidence that captures the court's attention
    1. Undue burden or expense
    2. Trade secret or other confidential research, development, or commercial information
    3. Annoyance
    4. Embarrassment
    5. Oppression
  3. Cost shifting and sanctions

Benefits

The panel will review these and other issues:

  • What is particularized harm?
  • What is excessive annoyance, oppression, or embarrassment?
  • How is undue burden measured?
  • Must a respondent create new records or compile data?