AM-06 - FINRA Discovery From Both Sides: What to do and when to do it

10/10/2018 - 2:45pm to 10/10/2018 - 3:45pm
Calusa EFGH

 This plenary session will delve into some of the basics you absolutely must perform in order to effectively prosecute your case. From the moment the Respondent files its Answer, the clock starts under FINRA Rule 12506 (Discovery Guide).  In this session, you will hear from attorneys from both sides of the aisle debating discovery related issues like what dates to set during the initial prehearing conference, when should the electronic discovery process start and whether to fight everything and motion practice. We will also discuss using discovery offensively as a tool to maximize settlement and hear from Respondent’s counsel about whether discovery can be weaponized.  The Panel will relay practical issues facing all FINRA practitioners, what to do, and when to do it. Topics will also include what to do if you get an obstinate or seemingly disinterested Chairperson who either refuses to rule on motions or denies you discovery you consider critical to your case.  The Panel, through Mediator and retired judge Howard Tescher, will discuss issues related to discovery and timing as it relates to a mediator’s ability to get a case settled. Is the fear that “something” might come out in discovery stronger than the reality in some instances?”