Discoverable

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Social Media Pitfalls In Divorce

These days social media is ubiquitous. Everyone, young and old, enjoys some form of social media — from Facebook to Twitter to Instagram– we are all spending significant time posting our life happenings, likes and dislikes,...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

Limitation Changes in British Columbia

A new Limitation Act came into force in B.C. on June 1st, 2013. The Limitation Act, SBC 2012, c 13 (the “New Act”) is intended to simplify the process for civil claims and bring B.C.’s limitation periods in line with the...more

Judicial Conference Proposes Proportional Discovery Through Amendments to the FRCP

For the first time in over twenty years, the Judicial Conference’s Committee on Rules of Practice and Procedure have approved for publication proposals to amend the Federal Rules of Civil Procedure. If enacted, these...more

Are Search Terms Work Product?

Parties conduct electronic discovery often by using search terms or keywords to locate relevant information during litigation. With the advent of electronic discovery, courts must now answer the question of whether the search...more

Discoverability of Documents in Insurance Bad Faith Claims

This week we take a look at the ability to discover documents from an insurance company's claim's file in an insurance bad faith claim through the recent Southern District of Indiana decision in Woodruff v. American Family...more

New York’s Two Prong Analysis For Production Of Social Media

Last month, we summarized the N.Y. Supreme Court case, Fawcett v. Altieri, which involved the production of electronically stored social media content. What the post did not address, however, was the simple two prong analysis...more

Employment And Labor Law Alert: The National Labor Relations Board Changes Course - Witness Statements Obtained During Workplace...

Until recently, the National Labor Relations Board's decision in Anheuser-Busch, 237 NLRB 982 (1978), was clear: employers were not obligated to provide witness statements collected during workplace investigations to the...more

Discoverability of Social Networking

Two recent employment discrimination cases, though differing in their outcomes, make it clear to litigants that information posted on social networking sites (“SNS”) is fair game. ...more

Self Collecting Search Strategy May Be Discoverable

In S2 Automation v Micron Technology, Mircron served S2 with interrogatories and document requests that became the subject of Micron's motion to compel. The motion to compel covered several issues, including Micron's request...more

Discoverability of Deposition Breaks

The ABA Pretrial Practice & Discovery Committee, from its Section of Litigation, has published its Spring 2012 newsletter (Vol. 20, No. 3), which included an article authored by Raymond P. Ausrotas titled “Discoverability of...more

Financial Statements and Settlement Negotiations of Cooperating Witnesses in SEC Action Not Discoverable by Defendants

The U.S. District Court for the Southern District of New York last week denied defendants Rajat Gupta and Raj Rajaratnam’s motion to compel documents concerning settlement negotiations between the Securities and Exchange...more

Are Litigation Hold Letters Discoverable?

To answer that question briefly: typically, no litigation hold letters are not discoverable. However, there is catch, which the Western District of New York (“WDNY”) has recently adopted. On March 26, 2012, the WDNY adopted...more

Federal Circuit Finds Settlement Negotiations Discoverable

In a ruling of first impression, the Federal Circuit confirmed that settlement negotiations related to reasonable royalties and damage calculations are discoverable. The Court rejected plaintiff MSTG, Inc.’s argument that...more

Hearing Officer Rules Evaluations and Assessments of Classmates not Discoverable in BSEA Dispute

On February 22, 2012, a hearing officer of the Bureau of Special Education Appeals (BSEA) , (Massachusetts), held that a public school district need not produce copies of evaluations and assessments of classmates of the...more

Discoverability, continuing effects, and Competition Act limitation periods

In a recent decision, the Federal Court of Appeal left open the possibility that the discoverability principle may apply to the two-year limitation period established for private actions under section 36 of the Competition...more

Superior Court of Pennsylvania Holds Communications Between Attorneys and Experts Are Not Discoverable

In a significant reversal of its prior opinion, the Superior Court of Pennsylvania, sitting en banc, has ruled in Barrick v. Holy Spirit Hospital1 that communications between an attorney and his or her expert witness are not...more

Making the Judge Your “Friend” on Facebook?

This past week the news reported the story of a judge in Connecticut who ordered both parties in a child custody dispute to give each other their Facebook passwords. The judge made this order so they each could look for...more

MySpace and Facebook: Where Your Information is Made Public and Your Private Information is Made Discoverable

If you're like most individuals who frequent social networking sites like MySpace and Facebook, you probably believe that adjusting your privacy setting to "private" means that nobody will have access to your webpage without...more

Revisions to FRCP Make Communications With Experts Not Discoverable

Effective December 1, 2010, FRCP 26(b)(4)(C) protects communications between a party's attorney and expert witnesses who must provide a report pursuant to FRCP 26(a)(2)(B). Communications are discoverable only where they...more

Revisions to FRCP Make Communications With Experts Not Discoverable

Effective December 1, 2010, FRCP 26(b)(4)(C) protects communications between a party's attorney and expert witnesses who must provide a report pursuant to FRCP 26(a)(2)(B). Communications are discoverable only where they...more

Are Auditor Work-Papers Discoverable? The D.C. Circuit Joins the Fray

In the United States, the “work-product” doctrine ensures that attorneys can effectively prepare for litigation and trial by protecting their notes, preparatory materials, and internal analyses from discovery. The Supreme...more

Eighth District Rules that Facts Supporting Affirmative Defenses are Discoverable as Long as Parties ask for "Letters, Memorandum,...

Eighth District Rules that Facts Supporting Affirmative Defenses are Discoverable as Long as Parties ask for "Letters, Memorandum, and Other Documents" Party A sues Party B alleging wrongful termination, pay...more

Court Holds Private Social Media Postings Discoverable in Personal Injury Lawsuit

It’s undeniable–social media use is increasing exponentially. And, with this rapid increase in the use of social media, more attorneys are quickly realizing the utility of social media postings in litigation. When witnesses...more

Communications Between Attorney and Testifying Expert Are Discoverable in Pennsylvania

Addressing an issue of first impression in Pennsylvania, the Pennsylvania Superior Court recently concluded that an attorney's communications with a testifying expert are discoverable. This important decision puts...more

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