Discovery Disputes

Catalog description

Document discovery is a critical aspect of pre-trial practice in which litigants must obtain the evidence necessary to transform their allegations into facts to be proven at trial. Bad documents uncovered in the course of discovery often make or break a party's claims, defenses, and-in high profile cases-willingness to risk public disclosure of damaging or embarrassing internal emails, chats, and text messages. Parties are therefore incentivized to withhold such communications on the basis of attorney-client or other forms of privilege which, in turn, results in extensive motion practice. Despite the high-stakes nature of this phase of trial, junior attorneys are often primarily responsible for setting the strategy and carrying out the day-to-day tasks involved in obtaining and producing documents necessary to satisfy a litigant's obligations under the Federal Rules of Civil Procedure. This introductory course will familiarize students with the mechanics of document discovery and resolving the disputes between litigants that frequently arise complex commercial cases. Students will team up to assume the roles of plaintiff's or defendant's counsel to navigate a discovery dispute based on outcome-dispositive facts and communications based on real-world cases. Students will learn to collaboratively strategize and draft requests for production, responses and objections, deficiency correspondence with opposing counsel, and briefing to compel production of improperly withheld documents. Students will also participate in simulated meet-and-confer negotiations with opposing counsel, and the course will culminate in oral argument on their motion.