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Ways to fight discovery abuse

• Use a team or collaborative approach. Meet with opposing counsel to

discuss discovery practices.

• Collect information on the opposing counsel’s litigation work habits and

discovery practices.

• Use precise discovery requests.

• Quickly respond to any delays, omissions, or incomplete responses.

• Keep good records and insist that the opponent provide a privilege log.

• Seek a protective order from the trial court.

• Seek sanctions under FRCP 37 for predatory discovery.

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