Discovery

News & Analysis as of

Known Unknown: 7th Cir. Uses Heightened Discovery Rule for Wisconsin Businesses

In a case decided last Friday, KDC Foods v. Gray, Plant, Mooty, Mooty & Bennett, P.A., No. 13-3678 (7th Cir. Aug. 15, 2014), the Seventh Circuit warned companies not to expect much leeway from statutes of limitation under...more

Ninth Circuit Shifts “Significant Expense” of Compliance with Third Party Subpoenas to Party Seeking Discovery

The escalating cost of discovery compliance is especially frustrating for non-parties who are subpoenaed for evidence allegedly relevant to litigation in which they have no stake. Responding to a broad subpoena may require...more

Finding Evidence of Secondary Considerations

In Square, Inc. v. REM Holdings 3, LLC, IRP2014-00312, Paper 20 (Augist 14. 2014) the patent owner was seeking evidence of secondary considerations. The Board denied additional discovery, but found that the patent owner made...more

Judge Forrest orders meet and confer to narrow discovery dispute

Saying, “[t]here is no way the court would ever order 5000+ custodians to be searched (on this record),” Judge Forrest ordered the parties to meet and confer to attempt to narrow a list of custodians whose documents must be...more

In Search of Commercial Success

In Schott Gemtron Corporation v. SSW Holdings Company, Inc., IPR2014-00367, Paper 20 (August 13, 2014), the Board denied patent owner’s motion for additional discovery relating to commercial success. The Board noted the...more

Judge Hellerstein says Intellectual Ventures’ valuation documents have no relevance in this case

Judge Hellerstein decided three discovery disputes in Intellectual Ventures II LLC v. JP Morgan Chase & Co, et al., where United States Patents Nos. 5,745,574 (“Security infrastructure for electronic transactions”), 6,826,694...more

Discovery of Communications between Insurers and Reinsurers

In today's complex work of insurance, many insurance risks are "reinsured" by a separate insurance carrier. In those instances, it is not unusual for insurers and reinsurers to have regular communications concerning the...more

Cherry-Picking: 7th Cir. Criticizes Lawyers' Summary-Judgment Practice

Two weeks ago, in an order given wide publicity nationally, federal District Judge Mark Bennett of the Northern District of Iowa issued sanctions in Security National Bank v. Abbott Laboratories, addressing what Judge Bennett...more

Insurers Be Warned, Your Communications Are Discoverable

Insurers and reinsurers regularly communicate regarding matters they view as confidential. These communications often relate to claims, both routine and litigated, by the underlying insureds. Insureds, in turn, seek discovery...more

The 21st Century Water Cooler: Discovery and Text Messages

Text messages, once the exclusive domain of teenagers and college students, are increasingly used in business communications. These communications are, unsurprisingly, also discoverable in a wide variety of litigation...more

The Financial Report - Volume 3, No. 15 • August 2014 (Global)

US Judicial Developments - Securities fraud litigation practices. The US Court of Appeals for the Ninth Circuit held that a party does not violate the automatic discovery stay found in the Private Securities Litigation...more

Court Denies Monetary Sanctions Based on Overdesignation of Documents As Confidential-Outside Counsel Eyes Only But Orders...

In this patent infringement action brought by plaintiff Trustees of Boston University ("BU") , BU alleged that defendants infringed U.S. Patent No. 5,686,738 (the "'738 Patent"), which pertains to light emitting diodes...more

The State of the Law on Shifting the Costs of E-Discovery

Though there has been significant price compression in the market over the last several years, the ever increasing volumes of corporate data during that time have seen the costs of e-discovery continuing to rise, while many...more

Email, But Don’t File, Exihbits for the Oral Hearing

In MotivePower, Inc. v. Cutsforth, Inc., IPR2013-00272, Paper 30 (August 5, 2014), one of the parties mistakenly filed, rather than emailed, their exhibits for the Oral Hearing. ...more

SDNY Judge Orders Microsoft to Produce Emails Stored Abroad

Chief Judge Loretta A. Preska of the U.S. District Court for the Southern District of New York affirmed Magistrate Judge James C. Francis IV’s opinion and ordered that the U.S. Department of Justice (DOJ) could compel...more

Electronic Discovery: Glossary of 123 Commonly Used Terms

The following is a glossary of 123 commonly used terms to help you navigate the world of Electronic Discovery. Active Data: This term is often used to describe information currently displayed on a computer screen. The...more

Insurance Recovery Law - July 2014 #3

Washington Supreme Court Rules That It Was Error To Delay Adjudication Of Insurer’s Duty To Defend, But Should Stay Discovery As To Insurer’s Coverage Defenses - Why it matters: The Washington Supreme Court...more

Travelers Indemnity Settles Reinsurance Disputes With Excalibur

In two related cases, Travelers has settled its claims against Excalibur Reinsurance. A number of prior posts have addressed the substance of the parties’ disputes – for example, discovery issues (sealing portions of...more

Alabama Tax Tribunal to Issue Proposed Regulations on July 31

Last spring, the Alabama Legislature passed the landmark Alabama Taxpayer Fairness Act, Act # 2014-146, the modified successor to a bill long known as the Alabama Taxpayers’ Bill of Rights II (“TBOR II”). Although the lengthy...more

Second Circuit Finds Auditors Exempt and Endorses Limits on Class Discovery

While the number of class or collective action lawsuits has exploded, decisions from Circuit Courts of Appeal, particularly on procedural issues, are still infrequent enough to warrant comment. In Pippins v. KPMG, Case No....more

Additional Discovery Granted

In ARRIS Group, Inc. v. C-Cation Technologies, LLC, IPR2014-00746, Paper 15 (July 24, 2015). the Board actually granted additional discovery of an indemnification agreemenet between Petitioner and Com-Cast, which the patent...more

S.D.N.Y. Issues Spoliation Sanctions Against Foot Locker

The sanctions recently levied against Foot Locker serve as a potent reminder that understanding data and document preservation requirements is imperative. A New York federal judge issued sanctions against Foot Locker last...more

The 'Inexorable March' Toward Disclosure of Risk Management Materials

A reminder for risk managers at hospitals and other healthcare organizations in Virginia and elsewhere: Plaintiffs’ attorneys can win access to risk management information long considered protected and internal—including...more

Monkey See, Monkey Do? Like Federal Courts, New York State Courts Are Changing the Rules Governing E-Discovery

As new and proposed rules regarding e-discovery in the Commercial Division of the New York State Supreme Court demonstrate, state courts are catching up to the federal courts in terms of e-discovery standards and guidelines...more

The Mystery of the Federal Circuit Advisory Council’s Short-Lived Model Orders

In July 2013, the Advisory Council for the US Court of Appeals for the Federal Circuit, a committee that includes Federal Circuit litigators, law professors, court clerks, and government attorneys, issued a “Model Order...more

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