Private Enforcement of Antitrust Law in the United States

Private Enforcement of Antitrust Law in the United States

A Handbook

Edited by Albert A. Foer and Randy M. Stutz

Private Enforcement of Antitrust Law in the United States is a comprehensive Handbook, providing a detailed, step-by-step examination of the private enforcement process, as illuminated by many of the country’s leading practitioners, experts, and scholars.

Chapter 7: Pretrial Discovery in Civil Litigation

Joseph Goldberg and Dan E. Gustafson

Subjects: law - academic, competition and antitrust law, law -professional, competition and antitrust law


Joseph Goldberg1 and Dan E. Gustafson2 § 7.01 Introduction § 7.02 Theory of the Federal Rules of Civil Procedure: Overview § 7.03 Investigation/pre-filing discovery 7.03.1 Public enforcement agencies 7.03.2 Amnesty program 7.03.3 Talking with employees/former employees of possible antitrust violators 7.03.4 Initial expert analysis 7.03.5 FOIA requests/state law equivalent § 7.04 Written discovery 7.04.1 Rule 26 initial disclosures 7.04.2 Interrogatories 7.04.3 Requests for production of documents 7.04.4 Electronic discovery 7.04.5 Requests for admissions 7.04.6 Third party discovery 7.04.7 Supplements to discovery § 7.05 Depositions § 7.06 Rule 30(b)(6) depositions § 7.07 Trial depositions § 7.08 Expert discovery § 7.09 Daubert § 7.10 Compelling discovery: Motion practice § 7.11 Limits on discovery 7.11.1 Protective/confidentiality orders 7.11.2 Privilege logs 7.11.3 Expert stipulations 7.11.4 In camera proceedings § 7.12 Conclusion 1 Joseph Goldberg is a partner in Freedman Boyd Daniels Hollander Goldberg Ives & Duncan, P.A., a law firm in Albuquerque, New Mexico. Mr. Goldberg practices in the area of antitrust law and complex commercial and class action litigation. Mr. Goldberg and Mr. Gustafson wish to thank Karla Gluek for her invaluable assistance in writing this chapter. 2 Dan E. Gustafson is a founding member of Gustafson Gluek PLLC, a law firm in Minneapolis, Minnesota. Mr. Gustafson practices in the areas of complex antitrust, patent, consumer protection, and class action litigation. 180 M2937 - FOER 9780857939593 PRINT.indd 180 31/07/2012 10:45 Pretrial discovery in civil litigation 181 § 7.01 Introduction This chapter discusses the pretrial discovery process in civil litigation brought in federal court. Because most states model their rules governing civil litigation after the...

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