Pre-Litigation and Discovery Tactics

June 19, 2012
3rd Expert Forum on Litigating and Resolving Advertising Disputes
The Affinia HotelNew York, NY

In this conference, counsel well-versed in this year's most important advertising cases will walk you through the key issues at stake during all phases of a trial.

Michael Eidel will discuss pre-litigation and discovery tactics for a hypothetical advertising litigation scenario involving "Cheery Apple Juice." Specifically, he will delve into:

  • Determining in which venue to file your advertising dispute
  • Initiating a conference between the advertiser and the challenger to plan for the discovery process
  • Obtaining evidence from the opposing party by means of discovery devices
    • interrogatories
    • production of documents
    • depositions
    • subpoenas
  • Seeking court assistance to compel discovery
  • Mitigating the risks of discovery abuse
  • Analyzing information gathered during e-discovery
  • Filing a motion for a preliminary injunction seeking an immediate halt to the offending ads pending a full trial
    • determining whether to proceed if injunctive relief is denied


Michael Eidel


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