Civil Discovery in Virginia

An integral part of any case plan—and some would say the key part of that plan—is discovery. Liability and defense theories, themes, and strategies must guide and be guided by discovery. The quality of the discovery of a case has a substantial impact on whether the case settles and on the outcome of the trial. Indeed, most who refer to themselves as trial lawyers are in reality pretrial lawyers, practicing their profession mostly in their offices, conference rooms, document depositories, and other locations rather than the courtroom. Courtroom appearances in modern practice are usually limited to motions of various variety.

This seminar will provide an overview of rules, procedures, and practices related to civil discovery. Utilizing relevant chapters from the 2021 edition of the Civil Discovery in Virginia handbook, our expert speakers, most of whom are also authors of the handbook, will highlight those aspects of discovery most relevant to the practitioner. There will be something for everyone, whether new to the profession or an old hand at trials: rich, instructive content, best practices and useful tips, and the opportunity to meet with colleagues with a passion for excellent discovery.

Cancellation Policy: Cancellation/transfer requests will be honored until 5:00 p.m. the day preceding the seminar. You will, however, be charged $199 for the Civil Discovery in Virginia handbook if you cancel or transfer your registration to a different seminar after the link to the materials has been e-mailed by Virginia CLE^®.

Full refunds or transfers are available up to two days after a webcast in the unlikely event that you experience technical difficulties.

Inclement Weather Policy and Updates.

COURSE SCHEDULE (March 1 and April 25) (Eastern Time)

• Q&A will be handled via chat room for Webcast attendees.
• Q&A will be handled via e-mail for telephone seminar attendees.

FACULTY

Hon. Everett A. Martin, Jr., Norfolk Circuit Court / Norfolk
Wyatt B. Durrette, Jr., Durrette Arkema Gerson & Gill PC / Richmond
Meghan A. Podolny, Hunton Andrews Kurth LLP / Richmond
Robert Tayloe Ross, Midkiff Muncie & Ross, PC / Richmond
Jonathan M. Wilan, Baker & McKenzie / Washington, DC
Thomas W. Williamson, Jr., Williamson Law LC / Richmond

ABOUT THE SPEAKERS

Hon. Everett A. Martin, Jr., Norfolk Circuit Court / Norfolk
The Honorable Everett A. Martin, Jr., has served on the Norfolk Circuit Court since 1995, serving as Chief Judge from 2006 to 2011. He has presided over more than 450 jury trials and has implemented reform of the civil docket making the Circuit Court of the City of Norfolk one of the most efficient circuit courts in Virginia for the trial and resolution of civil cases. Prior to sitting on 4th Judicial Circuit of Virginia, he served as a judge on the Norfolk Juvenile and Domestic Relations District Court, an Assistant Commonwealth’s Attorney for the City of Norfolk, and was in private practice before that.

Wyatt B. Durrette, Jr., Durrette Arkema Gerson & Gill PC / Richmond
Wyatt Durrette, Jr., is first and foremost a trial lawyer. In 2010 he received the prestigious Hunter W. Martin Professionalism Award from the Richmond Bar Association. He was selected by his peers to be included in The Best Lawyers in America in the area of Commercial Litigation and Intellectual Property and carries Martindale-Hubble’s top rating of AV Pre-eminent, is listed in Virginia Business magazine’s “Legal Elite,” is named as one of fifteen Leaders in the Law for 2007 by Virginia Lawyers Weekly and named each year among the Top Fifty Super Lawyers in all practice areas. He was also named in the initial list of the Top 33 Lawyers in the City of Richmond by Richmond magazine in 2011. Mr. Durrette is a member of the Boyd Graves Conference, a group of leading lawyers and judges functioning as an arm of the Virginia Bar Association to recommend legislation to the Virginia General Assembly to improve Virginia’s civil practice. He also served as Chairman of the Business Torts and Commercial Litigation Sections of the American Association for Justice and the Virginia Trial Lawyers Association, respectively.  He is also recognized in Super Lawyers, Corporate Counsel Edition, and has been named 2013 Top Rated Lawyer in Intellectual Property in The American Lawyer & Corporate Counsel magazine. Mr. Durrette focuses his practice on complex commercial litigation including antitrust. His trial experience includes representation of both plaintiffs and defendants in federal and state courts across the country. He is regarded by his colleagues as particularly effective in cases where fact patterns tend to be complex and records or witnesses numerous. He gives personal attention to a wide variety of matters handled by the firm as well as serving as a resource for attorneys managing cases in which he has no direct role. Mr. Durrette maintains close ties within the professional community and is often consulted by lawyers in other firms. His trial experience includes serving as lead counsel in a case considered to be “perhaps one of the most complex cases litigated [in Virginia] in the modern era.” Mr. Durrette is one of the firm’s representatives to the XDL Group, Multidimensional Intellectual Property Advocates, of which the firm is a founding member. The XDL Group, composed of litigators and IP experts around the country, specializes in intellectual property litigation. More information on the XDL Group can be found at www.XDLgroup.com.

Meghan A. Podolny, Hunton Andrews Kurth LLP / Richmond
Meghan Podolny is Counsel in her firm's litigation practice and the head of the Information Governance & eDiscovery Group, which focuses on providing state-of-the-art data management and eDiscovery advice and services to corporate clients across multiple industries. Her experience includes developing and implementing best practice guidelines on enterprise-level information governance and approaching her clients’ eDiscovery challenges with innovative and cost-effective technology solutions that promote efficient handling of complex data management projects. She is also a frequent speaker and writer on a number of issues related to electronic discovery, data preservation, privilege waiver, and employee communication privacy concerns. Ms. Podolny has also been successful in a wide range of pro bono matters, including litigating and obtaining judgment and settlement of unpaid wages matter through the Virginia Hispanic Chamber of Commerce Pro Bono Clinic, representation of an Afghani teacher seeking asylum, and regular participation in clinics drafting wills, powers of attorney, and advanced medical directives for low income and elderly clients in the Richmond area.

Robert Tayloe Ross, Midkiff Muncie & Ross, PC / Richmond
Robert Tayloe Ross, co-author of Chapter 6 of Civil Discovery in Virginia, is chair of Midkiff, Muncie & Ross’s property, coverage, and subrogation sections. He is a frequent author and speaker on insurance and litigation subjects. He earned a B.A. from Hampden-Sydney College in 1979 and a J.D. from Mercer University in 1982. He is admitted to the State Bars of Virginia, Georgia, and the District of Columbia, as well as the United States Supreme Court. Mr. Ross served as a law clerk to the Honorable Charles A. Moye, Jr., then Chief Judge of the United States District Court for the Northern District of Georgia, and as an Assistant United States Attorney, before entering private practice.

Mr. Ross has been an active member of the Henry Lumpkin (Georgia), John Marshall (Virginia) (President 1999-2000; Executive Committee 1997-2002), and Lewis F. Powell, Jr. (Virginia) (Creation Committee and founding member 2003) Inns of the American Inns of Court. He is a member of The Virginia Bar Association, the Virginia Association of Defense Attorneys (Policy Coverage Section, Chair 1999-2001 and Director 2002-2005); the Virginia Claims Association (President 2021-2022); the Richmond Claims Association (President 2003 and Director 2003–present); the Loss Executives Association; the Federation of Defense and Corporate Counsel; and is a Fellow of the American College of Coverage Counsel. He is AV Peer Review Rated in Martindale-Hubbell and is included in Virginia Super Lawyers. Mr. Ross was named in 2014 as one of the “Leaders in the Law” by Virginia Lawyers Weekly. He consistently has been listed in The Best Lawyers in America, where he was peer-selected as the 2022 Richmond “Lawyer of the Year” in Insurance Litigation.

Jonathan M. Wilan, Baker & McKenzie / Washington, DC
Jonathan Wilan is a Washington, DC–based litigation partner at Baker & McKenzie LLP.  His practice over the last 19 years has focused on internal investigations, complex class action litigation, cybersecurity, and electronic discovery.  Mr. Wilan is a frequent speaker on complex issues related to information management and data-focused investigations.  He is a 1997 graduate of Harvard Law School and a 1994 graduate of the University of Maryland at College Park.

Thomas W. Williamson, Jr., Williamson Law LC / Richmond
Thomas Williamson’s special interest is cases involving complex medical, scientific, and engineering issues.  He has represented persons harmed by defective products, medical malpractice, serious vehicular accidents, and other wrongful conduct.  He has also tried defamation, land use, property, environmental, and civil rights cases. In addition to representing clients at trial, Mr. Williamson has had an active practice in the appellate courts.  He is a Fellow of the American College of Trial Lawyers and a Fellow of the International Academy of Trial Lawyers, and has served as president of the Virginia Trial Lawyers Association (VTLA) and the John Marshall Inn of Court, and as Chair of the Boyd Graves Conference.  Mr. Williamson was named Best Lawyers’ 2012 Richmond Medical Malpractice Lawyer—Lawyer of the Year.  He was also selected the 2009 Lawyer of the Year, Personal Injury Litigation (Virginia) by Washington D.C.’s Best Lawyers^®. Richmond magazine selected him as the top lawyer in medical malpractice, product liability, and personal injury litigation based upon a survey of 2,000 practicing lawyers.