At the heart of good discovery practice lie prudent searches based on solid theories. Find out how to maximize your effectiveness and weed out unnecessary steps with practical tips from experienced trial attorneys. Troubleshoot your discovery practice to maximize your chances for success – order today!

1. Maximizing Informal Discovery
2. Ethics
3. Written Discovery Disputes and Roadblocks
4. Other Types of Discovery
5. Deposing Difficult Lay and Expert Witnesses
6. Countering Discovery Abuse
7. Post-Judgment Discovery

1. MAXIMIZING INFORMAL DISCOVERY
   9:00 - 10:00, Jim Catalano
   1. Determining the Elements of the Potential Claim and Developing the Master Plan
   2. Rules and Bounds of Informal Discovery
   3. Common Methods and Sources
      1. Client, Witness and Expert Interviews
      2. Online Research
      3. Electronic Data Research
      4. Public Records Searches
      5. Document Requests
      6. Surveillance and Use of Private Investigators
      7. Researching the Opposing Party and Counsel
   4. The Messing Decision Effect on Ex-Parte Contacts With Employees of Defendant Organizations
   5. Adjusting Your Discovery Strategy Based on the Uncovered Information
2. ETHICS
   10:15 - 11:15, Jim Catalano
   1. Working Rules of Professionalism
   2. Emphasis on Cooperation
   3. Preventing Conflicts of Interest
   4. Protecting Confidentiality
3. OVERCOMING WRITTEN DISCOVERY DISPUTES AND ROADBLOCKS
   11:15 - 12:00, Brian Dunigan
   1. Authorizations for Release of Various Information
   2. Interrogatories
      1. Timing and Number
      2. Format: Standard vs. Customized Forms
      3. Scope and Content
   3. Requests for Production
   4. Requests for Admissions
      1. Rules, Scope and Effect
      2. Uses in Trial and Prohibited Uses
      3. Permissible Subject Matter
      4. Sanctions for Failure to Admit
   5. Responding and Objecting to Written Discovery Requests
   6. Relevance Disputes
   7. Case Law Update
4. STREAMLINING OTHER TYPES OF DISCOVERY
   1:00 - 1:45, Brian Dunigan
   1. Medical Examination
   2. Request for Inspection
   3. Discovery for Arbitration vs. Litigation Discovery
   4. Case Law Update
   5. Cost-Cutting Strategies in Discovery Practice
5. DEPOSING DIFFICULT LAY AND EXPERT WITNESSES
   1:45 - 2:45, Jim Catalano
   1. Determining the Overall Purpose and Specific Goals of the Interview: How it Fits Into the Case
   2. Compiling Supporting Documentation
   3. Deposition Notices
   4. Third-Party Deponents
      1. Subpoenaing Strategies
      2. Motion to Quash
      3. Compensation Rights
      4. State vs. Federal Rules
      5. Witness Preparation
   5. Effective Use of Exhibits in Depos
   6. Deposing an Organization
   7. Deposing Evasive Experts
   8. Deposing Hostile Witnesses
   9. Objections at a Deposition
   10. Managing Numerous Depositions
   11. Case Law Update
6. COUNTERING DISCOVERY ABUSE
   3:00 - 3:45, Brian Dunigan
   1. Right of Access to Relevant Information
   2. Common Tactics for Stonewalling Disclosure
   3. “Dump Truck” Discovery
   4. Evidence Spoliation (Document Destruction and Modification)
   5. Confidentiality Orders, Privileges and Privilege Logs
   6. Witness Harassment in Depositions
   7. Subpoenas Duces Tecum (aka Subpoena for Production of Evidence aka Motion to Compel)
   8. Building a Case for Sanctions
      1. Rule Sources
      2. How to Document Discovery Abuse
      3. When to Threaten Sanctions
      4. When to Ask for Sanctions
      5. Phrasing Your Request for Sanctions
   9. Case Law Update (the Effect of Mancia v. Mayflower Textile Services Co. on Traditional Discovery)
7. POST-JUDGMENT DISCOVERY
   3:45 - 4:30, James D. Nave
   1. Rules and Procedure
   2. Scope
   3. Interrogatories
   4. Requests for Admissions
   5. Depositions Upon Oral Examination and Written Questions
   6. Abuse and Sanctions
   7. Appellate Review of Post-Judgment Discovery Orders

JIM CATALANO is a partner in the Nashville office of Leitner, Williams, Dooley & Napolitan, PLLC, where his civil practice focuses on defending and counseling both individual and business clients in the areas of transportation litigation, construction law, food and beverage liability, and premises liability. Mr. Catalano has been certified as a civil trial specialist by both the National Board of Trial Advocacy and the Tennessee Commission on Continuing Legal Education. Aside from his litigation practice, he also is a Rule 31 listed general civil mediator and a member of the Federal Court Alternative Dispute Resolution Panel for the Middle District of Tennessee. Mr. Catalano is a member of the Nashville and Tennessee bar associations, Defense Research Institute (DRI), the Transportation Lawyers Association (TLA), Tennessee Defense Lawyers Association (TDLA), the American Law Firm Association (ALFA) and the Federal Bar Association (FBA). He earned his B.A. degree from William Jewell College and his J.D. degree from Cumberland School of Law of Samford University. Mr. Catalano was included in the Nashville Business Journal's "Best of the Bar 2008."

JAMES D. NAVE is an attorney in Nashville, where his main area of practice is bankruptcy law. He is a frequent lecturer for various professional groups on creditors'/debtors' rights, collections issues and bankruptcy law. Mr. Nave is a board-certified consumer bankruptcy specialist, Tennessee Commission of Continuing Legal Education and Specialization, and American Board of Certification. He earned both his B.A., magna cum laude, and J.D. degrees from Washington and Lee University. Mr. Nave is a member of the Nashville (member, Bankruptcy Law Section) and Tennessee and Federal bar associations.

BRIAN DUNIGAN is an attorney in the Law Office of Michael D. Ponce & Associates, where he practices in the areas of plaintiff's personal injury, workers' compensation and appellate practice. He is a member of the Tennessee Trial Lawyers Association, Association of Trial Lawyers of America and the Nashville Bar Association. Mr. Dunigan previously was a law clerk for Justice Adolpho A. Birch, Tennessee Supreme Court and wrote "Comparative Fault in Tennessee," 67 Tenn. L. Rev. 765. He earned his B.A. degree from Cumberland University and his J.D. degree from the University of Tennessee College of Law at Knoxville.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com