Discoverable

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

by Sean Gajewski, James G. Ryan | Cullen and Dykman LLP on 3/7/2013

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...

by Jonathan Naples, Matthew Tews | Leonard, Street and Deinard on 1/14/2013

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

by Patricia Alberts | Orrick - Global Employment Law Group on 11/20/2012

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

by Miller Canfield on 9/11/2012

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

by Raymond Ausrotas on 6/13/2012

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

by Katten Muchin Rosenman LLP on 5/15/2012

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

Orange County Judge Reversed for Refusing Production of Internal Affairs Witness Statements

by Greg HIll on 5/12/2012

Edward Rezek was charged in Orange County Superior Court with delaying or obstructing a police officer in the performance of his duties (Penal Code § 148 (a) (1)) and vandalism (Penal Code § 594 (a)), both misdemeanors....more

Are Litigation Hold Letters Discoverable?

by Cullen and Dykman LLP on 4/30/2012

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

by Patton Boggs LLP on 4/13/2012

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

by Murphy, Hesse, Toomey & Lehane, LLP on 3/8/2012

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

by Michael Osborne on 2/27/2012

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

by Duane Morris LLP on 12/5/2011

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?

by Law Offices of Marlo Van Oorschot, APLC on 11/14/2011

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

by Reed Smith on 1/27/2011

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

by Todd McMurtry on 1/5/2011

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

by Todd McMurtry on 1/5/2011

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

by Quinn Emanuel Urquhart & Sullivan, LLP on 12/15/2010

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,...

by Aaron Minc on 11/18/2010

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

by Howard Ankin on 10/7/2010

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

by Reed Smith on 10/6/2010

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

Is 'Private' Data on Social Networks Discoverable?

by Duane Morris LLP on 8/26/2010

On May 26, a federal court issued an opinion in a discovery dispute that applies outmoded federal electronic privacy laws from the 1980s to Facebook and MySpace. The ruling could permanently change the way "social networking"...more

Discoverability of Insureds' Tax Returns in Disability Actions Venued in California: A Three-Step Analysis to Compel Their...

by Ropers, Majeski, Kohn & Bentley on 10/10/2008

In state court actions, and diversity actions controlled by California law, discovery into the plaintiff’s financial condition is appropriate under both Fed R Civ P 26(b)(1) and CCP § 2017.010, where the plaintiff’s claims...more

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

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

Discoverability of Social Networking

Self Collecting Search Strategy May Be Discoverable

Discoverability of Deposition Breaks

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

Orange County Judge Reversed for Refusing Production of Internal Affairs Witness Statements

Are Litigation Hold Letters Discoverable?

Federal Circuit Finds Settlement Negotiations Discoverable

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

Discoverability, continuing effects, and Competition Act limitation periods

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

Making the Judge Your “Friend” on Facebook?

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

Revisions to FRCP Make Communications With Experts Not Discoverable

Revisions to FRCP Make Communications With Experts Not Discoverable

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

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

Court Holds Private Social Media Postings Discoverable in Personal Injury Lawsuit

Communications Between Attorney and Testifying Expert Are Discoverable in Pennsylvania

Is 'Private' Data on Social Networks Discoverable?

Discoverability of Insureds' Tax Returns in Disability Actions Venued in California: A Three-Step Analysis to Compel Their...

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