News & Analysis as of

Discovery

Eastern District of Texas Latest Court to Criticize "Subject To" Language in Discovery Objections

by Jones Day on

The Eastern District of Texas recently criticized a party's statement in its written discovery responses that it would produce documents "subject to" its objections. See Realpage, Inc. v. Enterprise Risk Control, LLC, No....more

E-Discovery Production — Snow storms are avoidable

Who is to blame for a “document dump” – a “snow storm” – an obfuscation of information? Sometimes its intentional and sometimes it is not. Everyone – both plaintiff and defendant; both teams of lawyers. Requesters are...more

Tips for Negotiating a Third-Party Subpoena in a Merger Investigation

Humana recently lost its effort to limit third-party discovery requests served by the Federal Trade Commission (FTC) in its ongoing Walgreens/Rite Aid investigation. Typically, negotiations over the scope of third-party...more

Four Critical Components in Scheduling International Deposition Locations

by Planet Depos, LLC on

One of the hurdles to tackle when planning for international depositions is the search for the right location. For someone scheduling their first deposition in Tampere, for example, this can be a bit like chasing a shadow in...more

In a Second Case, Judge Specifies Search Terms for Parties to Use: eDiscovery Case Law

by CloudNine on

In Abbott v. Wyoming Cty. Sheriff’s Office, No. 15-CV-531W (W.D.N.Y. May 16, 2017), New York Magistrate Judge Hugh B. Scott granted the plaintiff’s motion to compel and defendant’s cross-motion in part, ordering the defendant...more

Court Balances the Realities of Social Media Discovery in Personal Injury Case

by Zapproved Inc. on

Case Summary Reveals Court’s Opinion on Social Media for Discovery - Gordon v. T.G.R. Logistics, Inc., No. 16-CV-00238-NDF, 2017 WL 1947537 (D. Wyo. May 10, 2017). In this personal injury case, the court struck a...more

Latin America Dispute Resolution Update – The Latest Developments in Cross-Border Disputes Involving the US and Latin America

The Continuing Rise of Chinese Investment in Latin America - Chinese investment and transactions in Latin America exceeded US$125 billion in the last decade, and China is expected to continue to be a key player in Latin...more

International Depositions: Should I Stay or Should I Go?

by Planet Depos, LLC on

Should I stay or should I go? Not only is this a catchy 1980s hit single, but it’s also a common question from attorneys and paralegals when planning depositions abroad. With the advancement of video streaming technology,...more

Joint Defense Agreements Are Not Protected By The Attorney-Client Privilege

by Brooks Pierce on

Why would any lawyer think that his Joint Defense Agreement, entered into with a co-defendant, was protected from production by the attorney-client privilege? Well, the lawyer for one of the Defendants In AP Atlantic, Inc.,...more

Texas Supreme Court Announces E-Discovery Guidelines

by Strasburger & Price, LLP on

Discovery of electronically stored information (ESI) plays an increasingly important—and expensive—role in litigation. With few opportunities to provide guidance on discovery disputes, the Texas Supreme Court recently seized...more

Federal Court Strikes Patent Infringement Action Where Plaintiff Could Not Articulate How Its Rights Were Infringed

by Bennett Jones LLP on

A patent owner cannot sue in the hopes that the necessary facts to support infringement will emerge during discovery. From the outset, a plaintiff must be able to frame its rights and how those rights have been infringed....more

PTAB Grants Discovery to Underlying Test Data

by BakerHostetler on

Discovery in inter partes review (IPR) proceedings at the Patent Trial and Appeal Board (PTAB) is typically quite limited, and the PTAB normally is reluctant to grant motions for additional discovery. It is instructive,...more

Court Grants Request For Social Media Posts Related To Emotional State And Physical Activity

by Jackson Lewis P.C. on

In Gordon v. T.G.R. Logistics, Inc., a personal injury case, the court ordered the plaintiff to produce her entire “Facebook account history” from the date of the accident onward to the extent such posts related to her...more

Court Grants Motion for Terminating Sanctions Against Defendants for Intentional Spoliation: eDiscovery Case Law

by CloudNine on

In Omnigen Research et. al. v. Wang et. al., No. 16-00268 (D. Oregon, May 23, 2017), Oregon District Judge Michael J. McShane granted the plaintiffs’ Motion for Terminating Spoliation Sanctions and agreed to issue an Order of...more

Planned Motion to Dismiss Insufficient to Extend Rule 26(f) Deadlines

In an ongoing patent infringement case involving patents for floor-mounted electrical outlet housings, a federal court in Connecticut recently denied a Joint Motion for a Discovery Dispute Conference, signaling the court’s...more

“You Can’t Beat Something with Nothing”: 7th Cir. Explains the Importance of Disclosing Experts

by Foley & Lardner LLP on

Some cases present issues that are difficult for the parties to litigate or for the courts to decide. But those cases tend to be the exception. Much of litigation—at least when practiced successfully—requires the mastery of a...more

Discovery and Depositions in Germany (Updated 2017)

by Planet Depos, LLC on

Although Germany is a party to The Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters, the German Ministry of Justice has placed certain restrictions regarding how voluntary depositions of...more

Court Awards Plaintiff Costs and Fees in Class-Action Against Angie’s List

by Zapproved Inc. on

In Williams v. Angie’s List, Inc., No. 1:16-cv-00878-WTL-MJD (S.D. Ind. Apr. 10, 2017), the court finds that information ‘possessed’ by a party is subject to e-discovery. In this class-action employment case, the court...more

Court Grants Summary Judgment After Plaintiff’s Spoliation Motion Denied: eDiscovery Case Law

by CloudNine on

In Taylor v. Thrifty Payless, Inc., d/b/a Rite-Aid, No. 16-00474 (D. Oregon, May 12, 2017), Oregon District Judge Marco A. Hernandez granted the defendant’s motion for summary judgment after denying the plaintiff’s request...more

First Department Finds Work-Product Protection Not Waived by Storage of Documents on Company Laptop

On June 6, 2017, the First Department had an opportunity to apply—and reaffirm—last month’s decision in Peerenboom v. Marvel Entm’t, LLC, where the Court held that use of a company email system for personal purposes “does...more

Business Litigation Report - May 2017

Recent Decisions Regarding Discovery Scope and Proportionality Requirements Under New Federal Rules - Over the past eighteen months, federal courts have issued numerous important decisions clarifying the impact of the most...more

Mandatory Initial Discovery Pilot: A Game-Changer That Screams Out For Early Case Assessment

by Valorem Law Group LLC on

Parties and lawyers who are content with the long and drawn out slog of civil litigation in federal court are about to get uncomfortable. But those eager for innovation, efficiency and change are rejoicing, “It’s about...more

New Competition Law in Germany

by White & Case LLP on

Today, significant changes to the German Act against Restraints of Competition have entered into effect. This newsletter provides an overview of the most significant aspects of the 9th amendment to the German competition law....more

May 2017: Recent Decisions Regarding Discovery Scope and Proportionality Requirements Under New Federal Rules

Over the past eighteen months, federal courts have issued numerous important decisions clarifying the impact of the most recent amendments to Federal Rule of Civil Procedure 26(b), which went into effect December 1, 2015....more

Latest Updates To Ediscovery for Defendants Cheat Sheet

by Reed Smith on

This is our quasi-annual update to our cheat sheet about ediscovery for defendants. Essentially that means using discovery to obtain access to what plaintiffs have said about themselves, and their supposed injuries, on...more

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