Discovery

News & Analysis as of

Dedicated Physical Server Hosting versus Cloud Hosting Environments: Which is Better for Your eDiscovery Data?

Businesses, including corporations and law firms, are increasingly choosing to host their business-critical applications with third parties to reduce (or avoid altogether) CapEx and OpEx associated with installing and...more

How Safe is Your Data Center?

This was the topic of Legaltech News’ story on 10 best practices for data security and what you need to know about how and where your information is stored, by Christine Yi of Xerox Legal Business Services When you are...more

Legislature to Litigants: “Can’t Touch This!” – Virginia Supreme Court Recognizes Legislative Privilege

The Virginia Supreme Court, interpreting the Virginia Constitution’s speech and debate clauses, has recognized a legislative privilege from responding to a document subpoena substantially similar to that of the better-known...more

ERISA: Court Establishes New Incentive to Bring Early Motions to Dismiss “Breach of Fiduciary Duty” Claims

You know that in ERISA cases most courts typically will limit review to the administrative record, absent special circumstances. Courts may also allow limited discovery when assessing whether a “conflict of interest” affected...more

Electronic Discovery Preparedness Checklist

While your organization may not regularly be involved in costly or complicated litigation, there is always the potential for this to arise. Additionally, you may work in an industry that is heavily regulated and subject to...more

Piracy Pays (The IP Owner) – Judge Whyte Grants Motion for Default Judgment After Awarding Sanctions in Unauthorized Software...

Order Granting Motion for Default Judgment, Adobe Systems Inc. v. Software Tech, et al., Case No. 5:14-cv-02140-RMW (Judge Ronald M. Whyte) - Everyone in the software field (and probably every computer user) is familiar...more

Texas Appeals Court Denies Petition For A Writ Of Mandamus That Trial Court Erred In Denying Motion To Vacate Arbitration Panel’s...

A Texas appeals court denied a petition for a writ of mandamus filed by Irving Drobny, on behalf of National Accident Insurance Group (“NAIG”) and National Accident Insurance Underwriters (“NAIU”) (collectively, “NAIU”),...more

International Videoconference Testimony for Trial

Do you have a client who will be testifying in a trial overseas via videoconference from the United States? Sounds easy enough, but there are quite a few things to consider. Time Difference – If your client is testifying...more

Napoleonic E-Discovery: Legal Project Management is the Key to Efficient, Cost-Effective Operations

In the Information Age, Napoleon’s maxim doesn’t seem all that ground breaking, and yet, in many industries, managers still approach whatever challenges lie ahead by simply throwing resources and personnel at the problem. In...more

Court Points to Several Factors in Denying Work Product Protection: Part I

Although some courts seem to misunderstand this, Fed. R. Civ. P. 26(b)(3) on its face allows nonlawyers to create protected work product. But lawyers' involvement can buttress work product claims even in courts applying the...more

Staggering Data Statistics (and What You Can Do About It)

Organizations are at a critical crossroads when it comes to their data. Did you know that: - Since 2008, e-mail stores have grown by nearly 500 percent? Other forms of unstructured data storage, which have ballooned...more

Your daily dose of financial news - The Brief – 9.9.16

We’ve got a number for that Wells Fargo settlement/fine, and it’s a doozy: $185 million for illegal banking practices (including secretly issuing credit cards without customer consent, signing up customers for online banking...more

Is Your Client Prepared?

Depositions are commonplace for litigation attorneys; however, we may sometimes forget that they are not routine for our clients. Many times our clients have never given a deposition. Even if a client has been deposed once...more

In Top “Form” – The NY Commercial Division’s Continuous Efforts to Increase Efficiency and Reduce Litigation Costs

As outlined in previous posts, the New York Commercial Division seeks to be a forward-thinking forum that adopts rule changes aimed at increasing efficiency and decreasing litigant costs. In August, a revised Model...more

International Travel Chronicles

Travel to foreign lands brings with it unique experiences and funny anecdotes you just couldn’t pick up any other way. The language barrier is an obvious and endless source of amusement, but each country has its own culture...more

Massachusetts Supreme Court Holds That "Self-Help Discovery" Is Protected Activity

Verdrager v. Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., 474 Mass. 382 (2016) - Brief Summary - The Massachusetts Supreme Court held that it is "protected activity" (i.e., conduct that an employee may engage...more

E-Discovery Update: No More Fishing Allowed!

Mark Twain warned, “Do not tell fish stories where the people know you; but particularly, don’t tell them where they know the fish.” Litigants should heed this advice, as courts are proving to be less tolerant of discovery...more

New Resources Available for Interpreting the FRCP

The first couple of months after the Federal Rules of Civil Procedure (FRCP) amendments were enacted in December 2015 changed the ediscovery atmosphere. During that time, it was unknown to practitioners whether the changes to...more

5 Wishes for Securities Litigation Defense: Early Damages Analysis and Discovery

The fifth of my “5 Wishes for Securities Litigation Defense” (April 30, 2016 post) is to move securities class action damages expert reports and discovery ahead of fact discovery. This simple change would allow the...more

Checklist for Depositions in Japan

As mentioned in previous blogs, there are extra steps involved when scheduling depositions in Japan. In the interest of assisting paralegals maintain well-organized information regarding all things related to international...more

How to Respond to Government Subpoenas and Document Requests That Ask for Personal Information

Federal and state agencies traditionally obtain information for law enforcement purposes using a variety of methods including... ...more

Sixth Circuit Denies Seal of Approval for Unjustified Filings Under Seal

Litigants and third parties subpoenaed to produce information in litigation who believe that information that they deem confidential will not ever become part of the public record so long as a discovery protective order is in...more

Counsel Sanctioned for Misrepresentations and Citations to “Badly Out of Date” Federal Rules

Fulton v. Livingston Fin., LLC, No. C15-0574JLR, 2016 WL 3976558 (W.D. Wash. July 25, 2016). After a motion to compel in which the defendant sought to obtain all “relevant and non-privileged” information, the court...more

What Are Custom Algorithms, and Why Do They Matter for Legal and Compliance Risk Management?

When you last visited your favorite social media site or browsed the Internet using your search engine of choice, targeted advertisements and links probably appeared. You may have been shopping for a t-shirt on one site, only...more

Seventh Circuit to Plaintiffs: Here's Your Burden of Proof

Most employees who file employment discrimination claims hope for one of two things – a really sympathetic jury or an employer that is willing to generously settle the lawsuit to avoid the risks and uncertainties of trial. ...more

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