Discovery

News & Analysis as of

Penalty! The California Court of Appeal Calls Foul on the NCAA’s Attempt to Seal Records of the USC/Reggie Bush Investigation

In a significant victory for open court filings, the California Court of Appeal rejected an effort by the National Collegiate Athletic Association (“NCAA”) to seal 400 pages of documents in a dispute between the NCAA and a...more

Court Declines To Order Discovery For Foreign Proceedings

Sleet, J. Petitioner’s application for leave to take discovery pursuant to 28 U.S.C. § 1782 from respondent, a Delaware corporation, for use in foreign litigation is denied....more

Gartner Predicts the Future of Big Data’s Impact on Legal

In February, the White House appointed DJ Patil as the first “chief data scientist” in U.S. history in order to address the challenges of Big Data, who will be tasked with trying to use that data to create efficiencies,...more

Section 337’s Potential for Defending Biologics Market Share Against Biosimilars

Enforcement of biologic patents at the United States International Trade Commission under Section 337 provides certainty and tactical advantages to patent holders that are unavailable in district court under the BPCIA. For...more

District Court Rules On Discovery In Bad Faith Case

In a dispute between the excess and primary liability insurance carriers of a common insured based upon the primary insurer’s alleged breach of the duty to defend the common insured, the U.S. District Court for the Eastern...more

CorpCast Episode 4: Better Know a Judge: Vice Chancellor J. Travis Laster of the Delaware Court of Chancery [Video]

On this episode of CorpCast, we’re honored to welcome Vice Chancellor J. Travis Laster of Delaware’s Court of Chancery. In addition to discussing the reasons he came to Delaware to practice law, the Vice Chancellor shares...more

Data Encryption and Its Potential Effect on Litigation and Discovery

In September 2014, Apple introduced a new mobile-operating system called iOS8. iOS8 offers enhanced data-encryption protection to Apple users and the content stored on their mobile devices. Apple's advancements in...more

Florida Appeals Court Quashes Order Requiring Insurance Commissioner to Testify

On March 13, 2015, in Florida Office of Insurance Regulation v. Florida Department of Financial Services, Florida’s First District Court of Appeals quashed the trial court’s order compelling the deposition of the Florida...more

LegalTech New York 2015 Impressions

Legal Tech New York 2015 took place in early February and the Morris James eDiscovery team was lucky enough to attend for the third straight year. The general impression is that the eDiscovery focus has continued to shift...more

Australia: Dallas Buyers Club LLC obtains customer identities from ISPs in landmark piracy ruling

On Tuesday 7 April 2015, a single Federal Court Judge ordered six internet service providers (ISPs) to hand over the names and identities corresponding to approximately 4,700 unique IP addresses, which have allegedly...more

[Webinar] Power-up Your Privilege Review: Protecting Privileged Materials in Ediscovery - April 29, 12-1pm CST

With the growth of information subject to privilege reviews and the increased role of technology, protecting privileged documents is one of the most critical issues for lawyers and legal teams working on an ediscovery...more

People matter: cultural challenges in cross border e-discovery

As U.S. litigators and U.S. courts begin to gain some level of comfort with advanced e-discovery practices, new challenges have emerged in the form of cross-border discovery. While most U.S. attorneys are aware that there are...more

Florida Court of Appeal: Photos on Facebook are Fair Game in Discovery

Discovery of social media is often appropriately considered in any case where evidence or admissions tending to disprove the other party’s case is potentially available. Although social media has long been firmly rooted in...more

Third Party Subpoena Permitted in IPR - Marvell Semiconductor, Inc. v. Intellectual Ventures I LLC

After briefing on the Garmin factors to determine if additional discovery was “necessary in the interest of justice” during an inter partes review (IPR), the Patent Trial and Appeal Board (PTAB or Board) granted the patent...more

Looking Back on 2014: The 7 Most Important eDiscovery Cases in Delaware – Part 2

The second case is 112359 Factor Fund, LLC and Five Nine Group, LLC v. Flux Carbon Starter Fund, LLC, Mary Carroll, Kevin Kreisler, and James L. Sonageri, C.A. No. 9568–VCL, Telephonic Oral Argument on Plaintiffs’ Motion to...more

4 Questions to Ask Before Moving for a Discovery Protective Order

In California, civil discovery is “self-executing,” i.e., a party demanding discovery doesn’t need prior court approval, and the responding party may object instead of providing the requested information. An objection often...more

Nevada Lawyers Beware: Client Communications During Deposition Breaks May Not Be Privileged

Scenario: You have spent hours prepping your client for her deposition testimony. A key document is introduced at the deposition and opposing counsel begins to ask a series of questions about the significance of the...more

Real Parties in Interest Really Matter - GEA Process Engineering, Inc. v. Steuben Foods, Inc.

Citing the petitioner’s failure to identify all real parties in interest (RPIs), the U.S. Patent and Trademark Office’s (USPTO) Patent Trial and Appeal Board (PTAB or Board) vacated earlier decisions on institution and...more

E-Discovery Update: Proposed Rule Changes Reflect Trend Toward “Reasonableness” in Preservation

The Judicial Conference Committee recently approved changes to Federal Rule of Civil Procedure 37(e) addressing preservation and sanctions and setting forth clearer and more reasonable preservation standards than those...more

B&B Hardware v Hargis Industries - Supreme Court: TTAB rulings refusing registration on likelihood of confusion grounds may be...

The United States Supreme Court has decided an important question of trademark law that has divided the courts of appeals. The Court held in B&B Hardware, Inc. v. Hargis Industries, Inc., No. 13-352, 575 U.S. ____, 2015...more

Fed and OCC Assert Bank Examination Privilege in Mortgage-Backed Securities Class Action

On March 23, the Federal Reserve and the Office of the Comptroller of the Currency – both non-parties in the suit – filed briefs requesting that a district court reject a motion to compel discovery of over 30,000 documents...more

FTC Ordered to Reveal Names of Witnesses to Sysco, US Foods

A federal judge in Washington, DC ruled last week that the FTC must disclose the names of the individuals it relied on in its bid to block a proposed $3.5 billion merger between Sysco and US Foods. The FTC attached under seal...more

Alberta Judgment a Strong Reminder to Exercise Caution When Claiming Litigation Privilege Protection

The Alberta Court of Queen’s Bench recently released its decision in TransAlta Corporation v. Market Surveillance Administrator (TransAlta v. MSA), ordering TransAlta Corporation (TransAlta) to produce hundreds of documents...more

Judge Peck Again Endorses TAR and Predictive Coding Protocols (New York)

Rio Tinto PLC v. Vale S.A., 2015 WL 872294 (S.D.N.Y. Mar. 2, 2015). In this fraud case, the parties stipulated that they would use predictive coding during the discovery process. Judge Peck issued this opinion due to...more

Contempt Charge Vacated Based On Valid Assertion of Attorney Client Privilege - Waste Management of Washington, Inc. v. Kattler et...

Finding that a district court had not provided procedural due process to an attorney for a sanctioned party, and that the district court abused its discretion in imposing sanctions for civil contempt against the attorney, the...more

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