Proposed FRCP Changes: Effect on eDiscovery, RIM & IG (CLE)
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Safeguards against Data Security Breaches (Part Two)
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Social Media as Evidence: Challenges & Considerations
Cybersecurity and Data Privacy: Big Data and the Law
Manage your electronic data before facing litigation. Melissa Darigan, Litigation Attorney
5 Things to Consider When You Are Served with a Lawsuit
For the uninitiated, Dropbox and other similar tools—such as SkyDrive, Google Drive, or Cubby—allow a user to log in to an account, upload documents or files to the cloud, and then access or download them from any device,...more
Design Basics, LLC. v. Carhart Lumber Co., 2014 WL 6669844 (D. Neb. Nov. 24, 2014).
In this design misappropriation case, the plaintiff sought an order compelling “full disk imaging of [d]efendant’s hard drives,”...more
For parties engaged in cross-border investigations or disputes in Asia, as of September 1, 2014, civil litigants in Hong Kong must follow new rules that govern the discovery of electronically stored information (ESI) set...more
Peterson v. Matlock, 2014 WL 5475236 (D. N.J. Oct. 29, 2014).
In this personal injury case, the plaintiff moved to compel production of the defendant’s electronically stored medical records in “native readable format”...more
In the closing days of its November term, the Illinois Supreme Court agreed to decide an issue of potential importance to the medical malpractice bar: what kinds of documents are privileged from disclosure in a negligent...more
Novick v. AXA Network, LLC, 2014 WL 5364100 (S.D.N.Y. Oct. 22, 2014).
In this contract dispute case, the plaintiff made a motion for sanctions under Rule 37(b)(2) requesting the court strike the defendants’ answer and...more
Koninklijke Philips Elecs. N.V. v. Hunt Control Sys., Inc., 2014 WL 5798109 (D. N.J. Nov. 7, 2014).
In this trademark case, the parties engaged in discovery disputes over the plaintiff’s “ability to search and produce...more
Oklahoma’s peer review statute provides that peer review information is private, confidential, and privileged. It encourages health care professionals to police themselves by evaluating their peers. It also promotes the...more
Pero v. Norfolk S. Ry., Co., 2014 WL 6772619 (E.D. Tenn. Dec. 1, 2014).
In this employment law case, the plaintiff filed a motion to compel the production of a video that the plaintiff claimed demonstrated the setting...more
Federal Circuit Vacates Lower Court’s Obviousness Finding Based on Incorrect Application of Inherency Doctrine -
In Par Pharmaceutical, the Federal Circuit vacated an obviousness ruling by the district court, finding...more
Atlanta Gas Light Company v. Bennett Regulators Guards, Inc.; Aker Biomarine AS, et al. v. Neptune Technologies and Bioressources Inc. -
In two orders issued from the U.S. Patent and Trademark Office Patent Trial and...more
There will be no more fishing in Texas in unrelated claim files. The Supreme Court of Texas has summarily ended any debate as to whether discovery of an insurer’s claim files for other policyholders is permissible — it is...more
Joao Control & Monitoring Systems, LLC v. City of Yonkers, et al.
Case Number: 1:12-cv-07734-RJS -
Following receipt of a joint letter from the parties concerning a discovery dispute, Judge Sullivan...more
In May, we reported on a Third Circuit decision holding that loss reserve information was generally irrelevant and not discoverable. In October, a federal court in Indiana came to the same conclusion with respect to...more
The District of New Jersey has issued a recent opinion highlighting a potential resource for parties engaged in foreign arbitral proceedings – the use of 28 U.S.C. § 1782, which allows parties engaged in foreign proceedings...more
As soon as a party is served with a summons and complaint and sometimes sooner, there arises a duty to preserve evidence, including electronically stored information (ESI). This duty requires both counsel and clients to...more
Most litigators at one point or another will need to conduct a deposition of a witness or discover materials in another state. Prior to the promulgation of the Uniform Interstate Depositions and Discovery Act, discussed...more
- If a document attracts litigation privilege, it does not have to be produced to the other party in litigation as part of the disclosure process.
- The material must be confidential, made for the...more
The first few decisions from the Federal Circuit are starting to trickle in and are sure to bring more upheaval to Patent Office post-grant procedures. In Versata Software, Inc., et al. v. Callidus Software, Inc., the Court...more
It is rare to see a state’s highest court address a discovery issue. But the Supreme Court of Texas did just that recently in In re National Lloyds Insurance Co., holding that a policyholder’s demands for discovery about how...more
In a recent multibillion-dollar fraud case, a global financial services company had three months to identify, collect, process, review, and produce responsive documents from a collection of 30 million documents. Given the...more
Kuznyetsov v. West Penn Allegheny Health Sys., 2014 WL 5393182 (W.D. Penn. Oct. 23, 2014).
In this Fair Labor Standards Act case, “[d]iscovery was contentious and the motions practice was excessive. As a result, a...more
The Supreme Court is expected to approve a proposed set of revisions to the Federal Rules of Civil Procedure (FRCP), which would go into effect by December of 2015. Are you ready for those changes? In this program, Rimon...more
The Delaware Court of Chancery recently held that, for purposes of responding to a non-party subpoena, documents held by the foreign affiliate of a US corporation were not within the US corporation’s “possession, custody, or...more
BNB Health Grades, Inc. ("Health Grades") filed a patent infringement action against MDx Medical, Inc., d/b/a Vitals.com ("MDx"). During the litigation, Health Grades identified licensing agreements and associated systems...more
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