Civil Procedure Antitrust & Trade Regulation Electronic Discovery

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Pursuit of a “Smoking Gun” May Be a Recipe for Disaster

In the U.S District Court for the Northern District of Illinois, Judge Matthew F. Kennelly recently held that plaintiffs alleging price-fixing in the text messaging market were not entitled to an adverse inference after...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”

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

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

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

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

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

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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