Discovery

Reinsurance Redux - May 2013

by Braden A. Borger, Amy S. Kline, Patrick Nugent, Sean T. O'Neill, Brian Simons, Matthew Smith | Saul Ewing LLP on 5/24/2013

In This Issue: - District of New Jersey Stays Medical Malpractice Suit Pending Arbitration: Finding that a dispute between a medical malpractice insurer and a reinsurance underwriter fell squarely within the...more

Business Court Sanctions Parties For Disobeying Discovery Order

by Mack Sperling | Brooks Pierce on 5/23/2013

When you think of sanctions, your mind probably goes to Rule 11 of the Rules of Civil Procedure. But what about Rule 37(b)(2)? It says that...more

Transvaginal Mesh Lawsuit Defendant Loses Bid for Protective Order

by Audet & Partners, LLP on 5/22/2013

Hundreds of plaintiffs injured by transvaginal mesh have joined the multi-district litigation currently active in the Southern District of West Virginia. On March 15, 2013, the plaintiffs in In Re: American Medical Systems,...more

United States International Trade Commission Amends Rules Concerning Discovery in Section 337 Investigations

by Wilson Sonsini Goodrich & Rosati on 5/22/2013

The United States International Trade Commission (ITC) on May 15, 2013, issued a notice amending Rule 210.27 of its Rules of Practice and Procedure in Section 337 investigations. The amendments go a long way in attempting to...more

Social Media At Work - What's Allowed and What Isn't? PODCAST - Inside Law [Video]

by Polsinelli on 5/21/2013

Social media at work: What's allowed and what isn't? Facebook and LinkedIn are eradicating the carefully crafted compartments that generations have relied upon in leading their lives. Denver attorney Sean Gallagher shares how...more

Changes in the Rules for ITC Section 337 Investigations Are Now In Effect

by Alison Baldwin | McDonnell Boehnen Hulbert & Berghoff LLP on 5/21/2013

On May 20, 2013, new rules of practice and procedure go into effect for International Trade Commission Section 337 Investigations, 19 C.F.R. Parts 201 and 210.1 Many of these rule changes were made for the purposes of making...more

Short Wins - The Fair Sentencing Act And The New York Times On Brady And Criminal Discovery

by Matthew G. Kaiser | The Kaiser Law Firm PLLC on 5/20/2013

There was only one win in the federal circuits last week, but United States v. Blewett was a whopper - the Sixth Circuit held that the Fair Sentencing Act applies retroactively to people sentenced before it took effect. ...more

Estée Lauder v. OneBeacon Insurance Group – Expanding the Scope of Discovery in Bad Faith Cases

by Jennifer Clark, Stacey Farrell, Angelo Savino | Cozen O'Connor on 5/15/2013

On April 15, 2013, the Supreme Court of the State of New York, County of New York, granted the insured’s request for the production of certain claims file material and previously sealed discovery in Estée Lauder Inc. v....more

BB&K Police Chief Bulletin: Pitchess Motions - Court Must Examine Actual Records Brought by Custodian

by Paul A. Cappitelli, G. Ross Trindle III | Best Best & Krieger LLP on 5/13/2013

Overview: A California appellate court recently ruled that, during the in camera review of peace officer personnel files following a Pitchess motion, the reviewing court must examine the actual records brought by the...more

Patent Watch: Baron Servs., Inc. v. Media Weather Innovations, LLC

by Lawrence M. Sung | BakerHostetler on 5/9/2013

On May 7, 2013, in Baron Servs., Inc. v. Media Weather Innovations, LLC, the U.S. Court of Appeals for the Federal Circuit (Dyk, Reyna, Prost*) vacated and remanded the district court's summary judgment that MWI did not...more

Court Permits Combination of Predictive Coding and Keyword Search

by Stephanie A. Blair, Graham Rollins | Morgan Lewis on 5/9/2013

Focusing on precision rather than recall, district court finds that process complies with discovery obligations....more

Bad Faith Liability Exposure: an Anvil, a Feather or an Occasional Lever?

by Lynda A. Bennett | Lowenstein Sandler LLP on 5/8/2013

Any company faced with a coverage denial inevitably asks the question: Will the insurance company change its position if we sue them for bad faith? The short answer to the question is usually no. In general, insurance...more

eDiscovery: The View From Singapore

by Pooja S. Nair | Foley & Lardner LLP on 5/7/2013

The Singaporean government has adopted aggressive measures to become a regional center for dispute resolution and arbitration in areas ranging from intellectual property, to oil and gas arbitration....more

First Department Upholds Commercial Division Decision Striking Parties' Answer And Entering Default Judgment As A Sanction For...

by Valentina Shenderovich | Sheppard Mullin Richter & Hampton LLP on 5/7/2013

In Suffolk P.E.T. Mgt., LLC v. Anand, 2013 NY Slip Op 02335 (First Dep’t April 4, 2013), the Appellate Division, First Department affirmed an Order by the Supreme Court, New York County Commercial Division (Bernard J. Fried,...more

An Officer And An Affirmation: Eighth Circuit Finds Officers Failed To Prove Damages In FLSA Claims

by Robert Hingula | Polsinelli on 5/3/2013

The United States Court of Appeals for the Eighth Circuit recently held that a claim brought under the Fair Labor Standards Act ("FLSA") may not proceed when the employee fails to provide evidence of actual damages. In...more

No Directors, No Officers, No Employees And No Agents – Now What?

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 5/3/2013

Occasionally, a corporation may find itself with no directors and no management. Yet, the corporation does not cease to exist. One might wonder what use can there be in a corporation deprived of head and limb. In...more

Effective Use of Experts

by Tyler Kaczmarczyk, Peter Kryworuk | Lerners LLP on 5/2/2013

The importance of expert opinion evidence in medical negligence litigation is well recognized. In Bafaro v. Dowd , Carpenter-Gunn J. states: Due to the specialized knowledge of the medical profession, expert evidence...more

Fourth Circuit Takes A Narrow View On Recovery Of E-Discovery Costs

by Mack Sperling | Brooks Pierce on 5/2/2013

You've undoubtedly prevailed in a federal case -- either at summary judgment or after a trial -- and you have probably struggled with what you are entitled to recover as costs under 28 U.S.C. §1920. And recently, your client,...more

[Legal Perspective] When Is It NOT Okay to Delete Your Social Media Account? [Video]

by JD Supra Law News on 5/1/2013

Is it ever NOT okay to delete your social media account? That's the question we ask in this JD Supra Legal Perspective. And for an answer, we look at recent coverage of a case in which an airline worker in New Jersey...more

Bad Faith Sentinel - April 2013

by Gregory M. Boucher, Carolyn Due, Matthew M. Haar, Joseph C. Monahan, Amy L. Piccola, Thomas S. Schaufelberger | Saul Ewing LLP on 5/1/2013

In This Issue: - Western District Of Washington: Denial of a Defense Where Additional-Insured Status Was Arguable, and Doing So in Reliance on Extrinsic Evidence, Were Both Acts of Bad Faith - New York Court...more

U.S. International Trade Commission Publishes Rules of General Application and Adjudication and Enforcement Effective May 20, 2013

by King & Spalding on 5/1/2013

On April 19, 2013, the U.S. International Trade Commission (“Commission”) published final Rules of General Application and Adjudication and Enforcement (78 Fed. Reg. 23474-82), which become effective on May 20, 2013. The...more

IP Update, Vol. 16, No. 4, April 2013

by Babak Akhlaghi, Sarah Bro, Kenneth Cheney, Bernard Codd, Paul Devinsky, Roozbeh Gorgin, Charles Hawkins, Donna M. Haynes, Sungyong “David” In, John Low, Amol Parikh, Vinu Raj, more +Michael Sardina, Sarika Singh, Joseph Speyer, Rose S. Whelan, Han (Jason) Yu | McDermott Will & Emery on 4/30/2013

Obviousness-Type Double Patenting May Exist When There Is Neither Common Ownership nor Common Inventorship - Addressing an obviousness-type double patenting rejection, the U.S. Court of Appeals for the Federal Circuit...more

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Reinsurance Redux - May 2013

Business Court Sanctions Parties For Disobeying Discovery Order

Transvaginal Mesh Lawsuit Defendant Loses Bid for Protective Order

United States International Trade Commission Amends Rules Concerning Discovery in Section 337 Investigations

Social Media At Work - What's Allowed and What Isn't? PODCAST - Inside Law [Video]

Changes in the Rules for ITC Section 337 Investigations Are Now In Effect

Short Wins - The Fair Sentencing Act And The New York Times On Brady And Criminal Discovery

Estée Lauder v. OneBeacon Insurance Group – Expanding the Scope of Discovery in Bad Faith Cases

BB&K Police Chief Bulletin: Pitchess Motions - Court Must Examine Actual Records Brought by Custodian

Patent Watch: Baron Servs., Inc. v. Media Weather Innovations, LLC

Court Permits Combination of Predictive Coding and Keyword Search

Bad Faith Liability Exposure: an Anvil, a Feather or an Occasional Lever?

eDiscovery: The View From Singapore

First Department Upholds Commercial Division Decision Striking Parties' Answer And Entering Default Judgment As A Sanction For...

An Officer And An Affirmation: Eighth Circuit Finds Officers Failed To Prove Damages In FLSA Claims

No Directors, No Officers, No Employees And No Agents – Now What?

Effective Use of Experts

Fourth Circuit Takes A Narrow View On Recovery Of E-Discovery Costs

[Legal Perspective] When Is It NOT Okay to Delete Your Social Media Account? [Video]

Bad Faith Sentinel - April 2013

U.S. International Trade Commission Publishes Rules of General Application and Adjudication and Enforcement Effective May 20, 2013

IP Update, Vol. 16, No. 4, April 2013

Proportionality and Predictive Coding: A Hip Combination

Shareholder Derivative Litigation: Keeping an Eye on the Parallel Class Action

No, You Can’t Deactivate Your Facebook Account When Litigation Is Pending

Social Media At Work - What's Allowed and What Isn't? PODCAST - Inside Law [Video]

[Legal Perspective] When Is It NOT Okay to Delete Your Social Media Account? [Video]

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