Discovery

News & Analysis as of

[Webinar] Developing Search Criteria for Determining Document Relevancy - August 13, 1:00pm ET

In today's big data age, it's imperative for legal teams to develop the right search criteria at the outset of the case. Not only will this enable you to quickly learn the key strengths and weaknesses of your case, it will...more

APAC Ediscovery

Last week I had the pleasure of speaking at an Association of Corporate Counsel event in New York. The day-long CLE was dedicated to helping U.S. in-house counsel address international and cross-border litigation issues....more

Hold the (cell) phone! NFL Lawsuit May Hinge on Spoliation

Across New England, armchair attorneys and quarterbacks alike are talking spoliation, discovery, and cell phones. With National Football League Commissioner Roger Goodell’s announcement of his decision on New England...more

How Much, Er, Discovery Is Allowed In A Transgender Lawsuit?

Well, this should be interesting. As I’ve reported before, the Equal Employment Opportunity Commission has sued a funeral home chain in the Detroit area for terminating Aimee Stephens, a transgendered woman, because she...more

Bernstein Shur Business and Commercial Litigation Newsletter #53

We are pleased to present the 53rd edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent cases regarding compelled turnover of Facebook data, a revived securities class...more

Catalog Search Posted On Claim Preclusion Does Not Bar Additional Discovery Relating to Privity Challenge in Later-Filed IPR...

The Patent Trial and Appeal Board recently designated a decision granting a request for additional discovery as an informative opinion. Informative opinions are not binding; they rather provide guidance on rules and...more

Social Media Highlighting E-Discovery Case Law for First Half of 2015

The end of June marks the halfway point for the year and is often a time for reflection on key events of the year. In e-discovery this usually translates to a review of cases that matter – those which reveal new or growing...more

Socially Aware - Volume 6, Issue 3 - July/August 2015

Welcome to the newest issue of Socially Aware, our Burton Award winning guide to the law and business of social media. In this edition, we present a “grand unifying theory” of today’s leading technologies and the legal...more

For “At-Issue Waiver,” The Best Defense May Not Be An Affirmative Defense

As this blog has repeatedly documented, it can be hard for insurers to assert the attorney-client privilege in the context of bad faith litigation. One difficulty arises in states that enforce a presumption against the...more

Angie’s List Accuses Amazon of Home Improvement Hijinks

Even freed from bricks and mortar, online retailers and service providers are realizing that market share is not infinite. A complaint recently filed by Angie’s List Inc. against Amazon Local LLC for its newly launched online...more

Bad Faith Needed for Court to Rule in Favor of Spoliation Sanctions (Illinois)

Charvat v. Valente, 2015 WL 4037776 (N.D. Ill. July 1, 2015) - In this employment case, the plaintiffs alleged that the defendant corporation had engaged in spoliation when it deleted certain files from its employees’...more

Provider Fights Back Against Whistleblower's Taking of Provider's Documents

Among the challenges for health care providers facing whistleblower lawsuits is the discovery that a whistleblower has secretly taken the provider’s documents or data. What options are available to the provider? In the recent...more

IP Newsflash - July 2015 #3

DISTRICT COURT CASES - Expert Witness’ Flawed Infringement Opinion Supports an Award of Attorneys’ Fees - Defendants Six Flags Theme Parks Inc. sought an award of attorneys’ fees under 35 U.S.C. § 285 against...more

Court Orders Defendant to Reveal Imprecise “Self-Collection” Methodology (West Virginia)

Burd v. Ford Motors, Co., 2015 WL 413915 (S.D. W. Va. July 8, 2015) - In this automotive product liability case, the plaintiffs argued that defendant’s “self-collection,” which consisted of custodians using search terms...more

Immigration-Related Documents and Information Not Discoverable in Wage and Hour Lawsuit

A New York federal court recently said that the plaintiff-employees involved in a wage and hour lawsuit are not required to produce their immigration documents and information. The case is important because it limits an...more

Court Limits Discovery Of Insurer’s Policies With Other Insureds, Compels Production Of Prior Arbitration Testimony

Utica Mutual Insurance Company (“Utica”) sued R&Q Reinsurance Company (“R&Q) in New York federal court for payment under reinsurance certificates R&Q issued to Utica covering umbrella policies Utica issued to its insured,...more

Court Conflicted over Rule 26 in Light of Complex ESI Retrieval (Nebraska)

ACI Worldwide Corp. v. Mastercard Tech., LLC., 2015 WL 4249760 (D. Neb. July 13, 2015) - In this intellectual property case, a discovery dispute arose over the plaintiff’s request for ESI and the risk and burden such...more

Delaware Supreme Court Adopts Rules to Streamline Arbitrations Under the Delaware Rapid Arbitration Act

The Delaware Rapid Arbitration Act (“DRAA”), effective May 2, 2015, creates a streamlined arbitration process resulting in swift, confidential, and cost-effective resolutions of business disputes. This arbitration process...more

California Ethics Committee Issues Opinion on Ethical Implications of eDiscovery

After over a year of consideration and an extended comment period, the State Bar of California Standing Committee on Professional Responsibility and Conduct recently issued an Opinion regarding the ethical obligations of...more

Getting a Handle on In-House E-Discovery Data Management

Many legal professionals are starting to embrace the notion that e-discovery is a business process, which can be measured, managed and optimized. The greatest progress is being seen with “left-side” e-discovery activities,...more

Court Follows Cost Shifting Analysis for Backup Tape Production (California)

United States ex rel. Carter v. Bridgepoint Educ., Inc., 305 F.R.D. 225 (S.D. Cal. 2015) - In this qui tam action claim case, the plaintiffs demanded that the defendants restore inaccessible ESI, specifically emails,...more

US Chamber Recommends SEC Enforcement Changes

Last week the US Chamber of Commerce, through its Center for Capital Markets Competitiveness, issued a white paper proposing wide-ranging changes to the SEC’s enforcement process. Most of the 28 recommendations were...more

“If You See Something, Say Something” Applies to Construction Contract Bidding

In Otis Elevator Co. v. W.G.Yates & Sons Construction Co., 589 Fed. Appx. 953; 2014 U.S. App. LEXIS 20214 (11th Cir. 2014), a subcontractor installed a series of escalators for an airport expansion project and sued the...more

Litigation and Dispute Resolution in Canada

This Guide provides an introduction to Canada’s civil litigation and dispute resolution system. It describes the procedures followed in Canada’s civil courts and administrative tribunals, and discusses alternatives to dispute...more

European M+A News, Summer 2015

IP Pitfalls in Tech M&A Transactions - Technology and IP-driven deals accounted for over 30 percent of M&A deal volume in Europe in 2014. This trend is bound to continue, with many deals involving strategic or financial...more

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