Proposed FRCP Changes: Effect on eDiscovery, RIM & IG (CLE)
IP | Trend: Data in the Cloud is the Next Big Storm?
Data Privacy: The Next Frontier of Corporate Compliance
Two Tips for Inventors Filing Patent Applications
BYOD (Bring Your Own Device)... *Liability and Data Breach Sold Separately
Ralph Ferrara Discusses Private Securities Litigation at PLI
Safeguards against Data Security Breaches (Part Two)
LPOs Stealing Deal Work from Law Firms
Three Key Data Retention Questions
Top 3 Concerns in Data Security
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
Federal and state courts are using Lone Pine orders to effectively manage and control mass tort cases and other complex litigation. A Lone Pine order is a case management order that requires all plaintiffs to furnish...more
In this patent infringement action, the plaintiff filed a motion for entry of a standard protective order after the defendant would not agree to sign a stipulated protective order. As explained by the district court, the...more
This one should be pretty obvious, but for the record, it’s never a good idea to destroy potential evidence.
For better or worse, however, it looks like the possible destruction of evidence will now be the focal point...more
In its recent ruling on James v. National Financial LLC, Delaware's prestigious Court of Chancery reiterated the obligations to the Court of both Delaware and out-of-state counsels' obligations to the Court (Delaware...more
In James v. National Financial LLC, C.A. 8931-VCL (Del Ch. Dec. 5,2014) the Court of Chancery outlined Delaware Counsel’s discovery obligations as well as the type of sanctions that may be imposed for not complying with those...more
The case of Latele Television v. Telemundo Communications Group might have been a simple factual dispute over copyright ownership, but instead it has devolved into a series of accusations — including allegations of willful...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
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
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
After plaintiff, McAirlaids, requested the deposition of one of Kimberly-Clark's ("K-C") in-house litigation counsel, K-C filed a motion for a protective order pursuant to Fed. R. Civ. P. 26(c) to preclude the deposition of...more
What happens when your dream vacation turns into a nightmare? That’s easy; it’s America, so obviously you sue everyone who may be responsible. Sometimes, if you’re lucky, the opposing side may not comply with e-discovery...more
On October 16, a California district court issued a declaratory judgment ordering a company to comply with Rule 34 as cited in the Federal Rules of Civil Procedure....more
In a decision that will have profound implications for insolvency professionals of all types, the U.S. Supreme Court has agreed to hear an appeal of the 5th U.S. Circuit Court of Appeals’ decision that Section 330 of the U.S....more
Vicente v. City of Prescott, 2014 WL 3894131 (D. Ariz. Aug. 8, 2014.
In this employment dispute case, the plaintiffs sought a summary judgment motion and motion for sanctions due to the defendants’ “failure to preserve...more
Apple Inc. v. Samsung, 2014 WL 4745933 (N.D. Cal. Sept. 19, 2014).
In this intellectual property case, the plaintiff sought to recover around $1.5 million in costs for producing documents to an online hosted...more
Freedman v. Weatherford Int’l, 2014 WL 4547039 (S.D. N.Y. Sept. 12, 2014).
In this securities fraud case, the plaintiff sought the production of search efficiency reports that were part of an investigation by third...more
The California Court of Appeal recently provided rare guidance regarding a third party’s obligations to produce electronically stored information (ESI) in response to a subpoena. In Vasquez v. California School of Culinary...more
Supreme Court to Hear Tax Injunction Act Case -
On August 20, 2013, in Direct Marketing Association v. Brohl, the U.S. Court of Appeals for the Tenth Circuit held that the federal Tax Injunction Act (TIA) prohibited...more
Small v. Univ. Med. Ctr. of S. Nev., No. 2:13-cv-00298-APG-PAL, 2014 U.S. Dist. LEXIS 114406 (D. Nev. Aug. 18, 2014).
In this employment law dispute, the court appointed a special master to resolve discovery issues....more
Sec. Nat’l Bank of Sioux City, Iowa v. Abbot Laboratories, No. C 11-4017-MWB, 2014 WL 3704277 (N.D. Iowa July 28, 2014).
In this product liability case, the court filed a sua sponte order on the “serious pattern of...more
In Tiffany (NJ) LLC v. China Merchants Bank and Gucci America, Inc. v. Bank of China, the US Second Circuit Court of Appeals issued important rulings, confirming that the limits on the exercise of US general jurisdiction, set...more
Plaintiff Deckers Outdoor Corporation ("Plaintiff") alleged that Defendants Superstar International, Inc. and Sai Liu ("Defendants") produce, advertise, and sell products that infringe Plaintiff's design patents for UGG...more
Automated Solutions Corp. v. Paragon Data Sys., Inc., 2014 WL 2869286 (6th Cir. June 25, 2014).
In this copyright infringement case, the plaintiff appealed a lower court’s ruling that denied the spoliation sanctions...more
Hawley v. Mphasis Corp., 2014 WL 3610946 (S.D.N.Y. July 22, 2014).
In this employment discrimination case, the plaintiff moved for sanctions due to defendant’s alleged discovery violations. The plaintiff claimed that...more
The advancement of technology, the preservation of electronic evidence, and concerns over imposing sanctions when discoverable electronic evidence is lost as a result of routine business, spurred the Texas Supreme Court to...more
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