News & Analysis as of

Antitrust & Trade Regulation Civil Procedure Electronic Discovery

Read Antitrust & Trade Regulation updates, alerts, news, and legal analysis from leading lawyers and law firms:

$3 Million Spoliation Sanction Despite Company’s Litigation Hold

by Foley & Lardner LLP on

Manufacturers involved in litigation must properly preserve electronically-stored information (“ESI”) or potentially face daunting sanctions. A recent antitrust case, however, demonstrates that lessons—multi-million dollar...more

Court Awards $3M Sanction and Adverse Inference for Spoliation in Antitrust Case

On July 6, 2016, Judge Leonard P. Stark, of the federal district court in Delaware, ordered a $3 million punitive monetary sanction, and an adverse inference jury instruction, against antitrust defendant Plantronics after...more

Amended Rule 26: Protecting Against Competitively Sensitive Disclosures

by Cozen O'Connor on

Hundreds of billions of business e-mails are sent per day. That number may not come as a shock to many, but once a company is involved in litigation, e-discovery can be quite burdensome. Even the mention of the phrase...more

Derailing an Expert in the Rail Freight Fuel Surcharge Antitrust Litigation: What Every Litigator Needs to Know

by Proskauer Rose LLP on

The business of buying, selling, investing in, and arbitraging legal claims continues to grow, and carries with it hidden pitfalls. This is particularly the case when a litigation expert has a business relationship with a...more

United States International Trade Commission Amends Rules Concerning Discovery in Section 337 Investigations

The United States International Trade Commission (ITC) on May 15, 2013, issued a notice amending Rule 210.27 of its Rules of Practice and Procedure in Section 337 investigations. The amendments go a long way in attempting to...more

Cost-Shifting Mandatory when Non-Party Subpoena Cost of Compliance is “Significant”

by Miller Canfield on

In United States v Blue Cross Blue Shield of Michigan, the U.S. Department of Justice (DOJ) filed suit against Blue Cross alleging violations of federal antitrust laws. The DOJ issued non-party subpoenas to two hospitals...more

FTC Finalizes Changes to Streamline Investigative Processes

by King & Spalding on

The Federal Trade Commission (FTC) has issued final changes to agency procedure aimed at streamlining and updating the procedures for FTC investigations and clarifying the agency’s procedures for evaluating allegations of...more

New FTC Rules Address Electronically Stored Information and Privilege Issues

by Miller Canfield on

The Federal Trade Commission (FTC) promulgated revised rules concerning its investigative procedures, which take effect on November 9, 2012. Several changes concern the treatment of electronically stored information (ESI) and...more

Updates

by Dechert LLP on

Here are a few updates to some of our previous posts. First, we posted about In re Aspartame Antitrust Litigation, ___ F. Supp.2d ___, 2011 WL 4793239 (E.D. Pa. Oct. 5, 2011), as we considered the case a promising...more

A New Approach To Cross-Border Discovery: The Sedona Conference’s International Principles

This article originally appeared in the February 2012 International Committee Newsletter. Of all issues in modern litigation, discovery of electronically stored information (ESI) remains one of momentous and ever-growing...more

The State of Information Technology Law 2011 - Anticybersquatting Consumer Protection Act, Antitrust and Electronic Discovery

by Brooks Kushman P.C. on

XXI. ANTICYBERSQUATTING CONSUMER PROTECTION ACT A. CASE LAW 1. U.S. Courts of Appeal a. Office Depot, Inc. v. Zuccarini 596 F.3d 696 The U.S. Court of Appeals for the Ninth Circuit upheld on February...more

Proving Conspiracies with Electronically Stored Information

by Joshua Gilliland on

Civil discovery and criminal prosecutions will continue to find text messages, emails or social networking status messages as the smoking gun evidence. Lawyers must consider the broader scope of discovery that includes these...more

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