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Environmental litigation carries unique complexities requiring of litigators an expert understanding of the requisite state or federal regulations in addition to the expected mastery of pretrial preparation and management of every stage of trial. This program will cover helpful tactics and lessoned learned in early case assessment, discovery and depositions in an environmental litigation. Our faculty features experienced trial counsel and a former United States Magistrate Judge who will share trial-tested insights to inform your environmental litigation strategies.
What You Will Learn
• Prefiling –Conducting the Rule 11(b) Investigation Before Filing a Complaint
• Early case assessment - Deciding whether a defendant should litigate or settle
• Preservation - Deciding what falls within the duty to preserve, how to preserve
• Filing a 12(b) motion in lieu of a responsive pleading - The pros and cons of motion practice in lieu of an answer
• The 26(f) meet-and-confer - Deciding what to compromise on, who should attend
• Engaging in written discovery - Deciding what written discovery to serve
• Engaging in fact depositions - Deciding who to notice from the other side, who should be put up in response to a 30(b)(6) notice
• Discovery from non-parties - Arguing undue burden, seeking cost shifting/allocation
• Discovery motion practice – Deciding what to fight about, assembling facts to argue about discovery requests that are disproportionate
• Discovery motion practice—Motions to compel, confidentiality orders, protection of privilege and work product
Who Should Attend
Lawyers practicing environmental law, especially in litigation, should find this program informative.