Working Group 1 Virtual Town Hall on the Sufficiency of FRCP 26(a)(1) Initial Disclosures

Thursday, September 15, 2022 - 4:00pm to 5:30pm

Time: 4:00 to 5:30 p.m. (EDT)

Location: Online (Zoom)

The Sedona Conference invites all Working Group Series members to join us for another in our series of free Virtual Town Hall meetings, aimed at continuing our tradition of crafting the next generation of eDiscovery thought leadership through dialogue and consensus building.

Although FRCP 26(a)(1) sets forth what is required of the parties in initial disclosures and the comments to the Rule provide further explanation, many parties seem not to take these disclosures seriously enough. This Town Hall will bring together a panel of legal professionals from varied perspectives for a discussion on the following questions as they relate to the sufficiency of FRCP 26(a)(1) initial disclosures:

  • Are parties living up to the original intent of the Rule to accelerate the exchange of relevant information while eliminating the paperwork required to request the same?
  • Have Local Rules helped ensure that initial disclosures are more meaningful?

The Town Hall will begin with an overview discussion among our dialogue leaders. The participants will then have an opportunity to discuss and brainstorm on the topic both collectively and in smaller breakout sessions. Takeaways and action items will be noted and shared with all to inform the ongoing mission of WG1 and guide its future publication projects.

Breakout Session Topics:

  • Are parties meeting their obligation to make a reasonable inquiry into the facts in preparing the disclosures (FRCP 26(g)(1))?
  • FRCP 26(a)(1)(A)(ii) requires disclosure of a copy or a description by category and location of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses.  How detailed are parties being in their descriptions? Is more detail really more helpful?
  • Have you been satisfied with initial disclosures in your cases generally? Why or why not?
  • Whether 26(a)(1)(A)(iii), regarding computation of each category of damages, is working when proof of damages will require expert testimony, i.e., how much information can be provided at the time of the initial disclosures?

Participation is free to all current Working Group Series members, but advance registration is required. Registrants will receive a Zoom invitation and instructions two days before the event.


Kutak Rock LLP

Kansas City, MO, USA

Dialogue Leaders

Kirkland & Ellis LLP

Chicago, IL, USA

Robbins Geller Rudman & Dowd LLP

San Diego, CA, USA

U.S. District Court, District of Kansas

Kansas City, KS, USA