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  • videocam On-Demand
  • card_travel Class Action and Other Litigation
  • schedule 90 minutes

Irresistible Evidence Under Federal Rule 26(c): Proving Annoyance, Embarrassment, and Undue Burden

$297.00

This course is $0 with these passes:

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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.

Presented By

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.

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.    

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


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, November 15, 2022

  • schedule

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

  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

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?