About the Course
Introduction
This CLE course will discuss how counsel can objectively satisfy the Fed. R. Civ. P. 26(g) duty to make reasonable inquiry into the client's discovery responses and thereby certify that the client has met its discovery obligations. The program will review what being "actively involved in discovery" means, as a practical matter; what it means to "follow up and validate"; what new obligations might exist related to client use of AI; and counsel's options if it cannot make the Fed. R. Civ. P. 26(g) certification.
Description
Bad things can and often do happen when lawyers over-delegate e-discovery responsibility to their clients or vendors. Courts continue to express concern and exasperation over the conduct of counsel and parties in discovery and their failure to meet their affirmative obligations to make reasonable efforts to find discoverable material and ensure discovery responses were complete and correct when made.
It can be difficult for counsel to draw bright-line distinctions between acceptable and unacceptable conduct in preserving information and in conducting discovery, but counsel is not without guidance.
This panel will provide concrete examples of the oft-given advice that counsel should be "actively involved" in discovery and then follow up and validate processes. The program will discuss the role and content of checklists and how to establish that counsel took those affirmative steps. The panel will also discuss key case law in this area.
Listen as this panel of experienced e-discovery attorneys and litigators demonstrates what counsel must do to meet the duty of reasonable inquiry.
Presented By
Mr. Rosenthal has more than 30 years of trial experience. He litigates complex commercial, class action and multidistrict litigation and also has substantial experience defending clients before federal and state enforcement agencies. Mr. Rosenthal's substantive focus includes business litigation, product liability, unfair competition, and false advertising.
Ms. Tadler s the founding partner of Tadler Law LLP, a WBENC-certified, women-owned boutique law firm that offers an array of litigation and legal counseling services. With 30 years’ experience advocating for consumers and investors against corporate fraud and abuse while litigating and managing securities, consumer and data breach class actions, and complex litigation,she is one of the leading women litigators in the country. Described by Chambers USA as one who “passionately defends her clients’ interests to the greatest extent possible,” Ms. Tadler litigates large, complex, high-profile cases. She is sought after for her unique legal and technological acumen and case management skills.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Tuesday, December 15, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Counsel's duty to supervise client discovery
II. Strategies for staying actively involved in discovery
III. Strategies for validating client's searches and productions
IV. Strategies for when client performance falls short
The panel will review these and other key issues:
- Why do lawyers and parties continue to struggle with managing discovery?
- What is "knowledge, information, and belief formed after a reasonable inquiry"?
- What have courts identified as less than reasonable inquiry into a client's discovery undertakings, and what are the possible consequences, including sanctions?
- How can counsel overcome client objections to their involvement in discovery?
- Do lawyers have a duty to monitor a client's use of AI in discovery and potential hallucinations?
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