Master the tools of discovery to uncover critical evidence, streamline document production, and gain a decisive tactical edge in high-stakes commercial disputes.
Discovery is often the longest, most expensive, and most strategically influential phase of commercial litigation. In complex business disputes, the manner in which parties preserve, request, review, and produce information can directly shape settlement leverage, dispositive motion practice, and trial preparation.
This session provides a detailed examination of discovery strategy in U.S. commercial litigation, with a focus on federal practice under the Federal Rules of Civil Procedure. Participants will review preservation triggers, litigation hold obligations, and the evolving standards governing electronically stored information. The program also addresses proportionality under Rule 26, privilege considerations, clawback agreements, and the practical realities of negotiating discovery scope in contested matters.
In addition to technical rule compliance, the session explores how discovery decisions affect overall litigation posture. Topics include early case assessment, risk management, coordination with clients and IT personnel, and managing discovery disputes efficiently to avoid unnecessary cost escalation. Motion practice relating to discovery, including motions to compel, protective orders, and sanctions, will be examined from a strategic perspective.
Attendees will leave with a clearer framework for approaching discovery in commercial disputes and a stronger understanding of how to align discovery efforts with broader litigation objectives.
Litigation Associate at Falcon Rappaport & Berkman LLP
Jessica is an associate with FRB’s Litigation & Dispute Resolution, Intellectual Property, and Trusts & Estates Litigation Practice Groups. She focuses her practice on civil litigation, trademark enforcement litigation, and copyright infringement litigation. While in law school, Jessica interned for the Honorable Thomas A. Rademaker of the Nassau County Supreme Court and participated in St. John University’s School of Law Immigration and Refugee Clinic where she assisted in the representation of individuals seeking asylum in the United States.
