If one were to describe in a word the year in discovery law, she might come up with "familiar." Yeah, you've seen this movie before: sanctions for self-preservation, parties risking privilege waiver by using new technologies they don't understand, disputes so blown out of proportion that even the winners lose. But in the same-old, same-old of 2017, there was also room, thankfully, for an impressive amount of progress among the bar and judiciary in their respective approaches to the thorny evidentiary issues that have traditionally vexed the profession and challenged the aspirations of "just, speedy and inexpensive."
This two steps forward, one step back dance is the basis for our 2017 year-in-review webinar, featuring retired U.S. federal judge Frank Maas, and attorneys Erica Wilson and Michael Simon. The presentation addresses five key cases that inform courts' application of sanctions, and dives into two crucial decisions from Harleysville Insurance that speak to the rapidly evolving nature of discovery. The recording and slides are now available below.