8:30 – 9:00 a.m.

CHECK-IN & CONTINENTAL BREAKFAST

9:00 – 9:15 a.m.

Strategic Discovery: The Big Picture
Your course chair provides an overview of the discovery rules, common types of discovery disputes, and how to stay focused on the big picture throughout the discovery process.
– Will Stute

9:15 – 10:00 a.m.

Leveling the Playing Field in Discovery
Two experienced litigators discuss how you can level the playing field when opposing counsel is more experienced or brings greater resources to the case. They will also share proactive steps you can take to prevent problems at the outset of litigation.
– Mary Cullen Yeager & E. Michelle Drake

10:00 – 10:45 a.m.

How to Get What You Need Without Being a Jerk: The Art of Being Appropriately Aggressive
The speakers will address techniques for conducting effective written discovery and for taking and defending depositions. They will also share advice on how to prioritize your discovery, how to assert yourself in litigation, how to pick your battles, and when to compromise.
– Steven E. Rau & Annamarie A. Daley

10:45 – 11:00 a.m.

QUESTIONS & ANSWERS

11:00 – 11:15 a.m.

BREAK

11:15 a.m. – 12:00 p.m.

In-House Perspectives on Discovery Disputes
A panel of local in-house counsel shares their perspectives on discovery disputes, including:

• How involved do clients want to be with discovery planning?

• When should outside counsel check with the client about a discovery dispute?

• How can outside counsel best share information with their clients?

– Scott Piering, Eric C. Sjoding & Sarah B. Stroebel
– Will Stute (moderator)

12:00 – 1:00 p.m.

LUNCH (on your own)

1:00 – 1:45 p.m.

Understanding Litigation Bullies: Why Do They Act That Way and What Can I Do About It?
Workplace trainer and consultant, Fran Sepler explores commonly asked questions about litigation bullies and their behavior, including:

• What are some common traits of litigation bullies?

• How common is bullying by adults?

• Can you set rules for interacting with bullies to limit or discourage their bullying behavior?

– Fran Sepler

1:45 – 2:30 p.m.

When the Opposing Lawyer Crosses the Line: Effective Responses to 10 Common Discovery Abuses
The speakers will explain strategies for responding to these written discovery and deposition tactics:

1. Stalling

2. Coaching witnesses

3. Providing too little or too much information

4. Misquoting prior answers

5. Inflicting excessive costs on opposing party

6. Repetitive questioning

7. Irrelevant requests

8. Canned discovery

9. Withholding evidence

10. Baseless assertions of privilege

– Vincent D. Louwagie & Eric J. Rucker

2:30 – 2:45 p.m.

QUESTIONS & ANSWERS

2:45 – 3:00 p.m.

BREAK

3:00 – 3:45 p.m.

Judicial Intervention in Discovery Disputes: When to Call the Judge and What to Ask For
A panel of judges will provide insights into how judges handle discovery disputes; including when to call the judge for help, how they evaluate motions to compel, and when you should ask for sanctions.

– Magistrate Judge Jeffrey J. Keyes, Judge William H. Leary III & Judge Tony N. Leung
– Link Christin & Will Stute (moderators)

3:45 – 4:45 p.m.

Interactive Ethics: When Do Aggressive Tactics Become Ethical Violations?
1.0 ethics credit applied for
Using the audience response system and a series of discovery hypotheticals, this session will explore the ethical lines you should not cross. The speakers will also discuss when you should report someone for unethical behavior in discovery.
– Terrence J. Fleming & Will Stute