Matt Mohwinkel

Matt Mohwinkel

Xerox Litigation Services

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You Can Run, But You Can’t Hide From Sanctions in Discovery

In an October 2013 order in Digital Vending Services International, Inc. v. University of Phoenix, the judge refused to grant the defendants’ request for spoliation sanctions but punished the plaintiff for its disclosure of...more

6/3/2014 - Discovery Discovery Schedule Patent Infringement Patent Litigation Patents Popular Spoliation

Are You Committing E-Discovery Malpractice?

Although this protection is helpful, it is limited by the court’s ability to determine whether a party’s actions were reasonable. Parties therefore should take the matter out of the court’s hands by leveraging other...more

5/14/2014 - Attorney Malpractice Clawback Agreements Confidential Documents Discovery Fed. R. Evid. 502 Federal Rule of Evidence 502(b) Inadvertent Disclosure

Be Prepared to Answer Discovery About Your Discovery

Under the current formulation of Federal Rule of Civil Procedure 26(b)(1), courts have shown a willingness to allow a requesting party to inquire into the discovery process when it questions the sufficiency of the responding...more

3/20/2014 - Discovery Document Productions Federal Rules of Civil Procedure

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