The Importance Of Counsel's Involvement In Discovery

In trademark infringement case ZAGG Inc, v. Ichilevici et al., ZAGG, a manufacturer of screen protectors and other products deposed a corporate designee of the defendant the day before discovery closed. As a result of that deposition, ZAGG sought both to compel the production of additional documents and an extension of the discovery deadline so it could serve non-party subpoenas.¹ Specifically, the company sought an order, among other things, (1) compelling defendant DVG to produce additional financial documents associated with the sale of ZAGG products and a witness prepared to discuss the same; (2) compelling DVG's counsel (rather than defendant Ichilevici himself) to search Ichilevici's emails, cell phone, and Amazon portal and produce all responsive documents; and (3) granting leave to subpoena and depose a newly disclosed logistics vendor (motion).