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Discovery Disclosure Requirements

Freiberger Haber LLP

The Second Department Reminds Litigants To Follow Requisite Procedures Before Seeking Discovery Sanctions

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Discovery (or disclosure) in litigation, which is governed in New York State practice by Article 31 of the CPLR, is the mechanism by which litigants obtain facts and information from other parties and non-parties to support...more

Array

This Week in eDiscovery: Following ESI Protocols, Photographic Metadata and Discovery Disclosure

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of July 17-22. Here’s what’s...more

Latham & Watkins LLP

Forced Production of Internal Investigations Reports Before French Courts

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Two decisions handed down in quick succession by the Paris and Toulouse Courts of Appeal highlight the complex interplay between interests at stake in each case. Both of the judicial decisions in question concerned...more

Fox Rothschild LLP

New Demands for Disclosure Impact Employment Litigation in California

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Parties in California state court employment lawsuits and other actions may now deploy a potent new discovery tool. New demands for disclosure may be used in employment litigation and other lawsuits, with exceptions, filed in...more

EDRM - Electronic Discovery Reference Model

Public Comments on Proposed 5th Circuit A.I. Rule

In Attys Split On 5th Circ.’s Proposed AI, Accuracy-Check Rule – Law360 (Jan. 30, 2024), Lauren Berg reported on the current status of a 5th Circuit proposed A.I. rule. Ms. Berg’s article stated that reactions “span from one...more

Locke Lord LLP

New Year, New Discovery Rules: ‎California Amends Its Civil Discovery Act

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California has enacted changes to its Civil Discovery Act so that discovery procedures in California state court are now more closely aligned with the federal court system’s initial disclosure requirements. California also...more

A&O Shearman

Overcoming eDiscovery-Related Chat Data Challenges Part 5 review and disclosure

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In this fifth and final post in our blog series addressing challenges related to the discovery of chat data, our eDiscovery experts continue providing practical advice for businesses when encountering chat data in...more

McDermott Will & Emery

TikTok Makes It Out of West Texas to Sunny Northern California

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The US Court of Appeals for the Fifth Circuit granted a writ of mandamus ordering the transfer of a case, finding that the district court’s denial of the motion to transfer “was so patently erroneous” that the extreme measure...more

BCLP

Disputes in Focus: Quick Q&A on Developments in Forensic IT & AI

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In this insight, Clare Reeve Curatola ask our experts, Jason Alvares and Chris Wheatley, to share their insights and thoughts on the developments and challenges in forensic technology. They also share practical tips to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Imposes New Discovery Requirement: Initial Disclosures

On September 30, 2023, California Governor Gavin Newsom signed into law Senate Bill (SB) No. 235, which adds new rules for initial disclosures of information in discovery. Specifically, the new law amends California Code...more

MG+M The Law Firm

New CA Law Affects Civil Actions Beginning January 1, 2024

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Recently signed into California law by Governor Gavin Newsom, SB 235, the amendment to CCP 2016.090, is to take effect on January 1, 2024. In essence, this amendment is to modify and amend the existing law in California state...more

EDRM - Electronic Discovery Reference Model

Maryland’s “Sunshine Law”: Cooperation, Searches, Metadata, and Costs (Part I)

While this blog generally deals with civil discovery, “sunshine laws” that require disclosure of public records by government agencies raise many parallel, and many different, concerns.  Maryland’s analog to the federal...more

Proskauer - Minding Your Business

Where Do We Go From Here? Practical Considerations When Multidistrict Litigation Comes to an End

When product liability actions involving one or more common issues of fact (e.g., an allegedly harmful product or chemical) are filed in multiple jurisdictions, they are typically consolidated for pretrial proceedings in a...more

Faegre Drinker Biddle & Reath LLP

Can a Treating Physician Opine on Causation? Eleventh Circuit Says It’s About Intent, not Content

Federal Rule of Civil Procedure 26(a)(2) outlines two different sets of pretrial disclosure requirements, imposing more onerous requirements on “retained” than “non-retained” experts. Relatedly, when non-retained expert...more

Mintz - Securities & Capital Markets...

Caremark Liability Following the SEC’s New ESG Reporting Requirements

Recent developments in the Court of Chancery concerning a corporate board’s duty to monitor and provide oversight over a corporation’s operations, so-called Caremark claims, are likely to intersect with the Securities and...more

ArentFox Schiff

Crime-Fraud Exception to Attorney-Client Privilege Applies to Trump’s Attempt to Overturn Election

ArentFox Schiff on

A recent court ruling related to Donald Trump’s attempts to overturn the 2020 presidential election serves as an evergreen reminder that the attorney-client privilege and work product doctrine do not insulate documents and...more

Littler

New York Greatly Expands – Then Slightly Contracts – Insurance Disclosure Requirements in Civil Actions

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New York’s insurance policy disclosure requirements have undergone noteworthy changes over the past few months. On December 31, 2021, Governor Hochul signed the Comprehensive Insurance Disclosure Act (the “Act”) into law. ...more

K&L Gates LLP

New York Unwinds Some Burdensome Insurance Disclosure Obligations Imposed on Defendants by Amending the Comprehensive Insurance...

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Policyholders can breathe more easily now that New York has relaxed or eliminated some of the more onerous insurance disclosure obligations of its recently enacted Comprehensive Insurance Disclosure Act (the Act). As...more

Epiq

What Practitioners in England and Wales Must Know

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It has been three years since the disclosure pilot scheme for business and property cases emerged in England and Wales. After several rounds of feedback from practitioners, updates have been made to certain disclosure...more

Jones Day

Newly Enacted Law Ups the Ante on Mandatory Insurance Disclosure Requirements in New York State Court Litigation

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New York's novel mandatory disclosure requirement is more extensive than what is required by its federal counterpart, mandating the disclosure of a litany of "information and documentation," accompanied by affidavits from a...more

K&L Gates LLP

Litigation Minute: Obtaining Information After the Close of Discovery

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WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Imagine this scenario: you just learned that the opposing party is using the same witness or expert from your case in some related litigation. You have good reason to suspect that...more

Latham & Watkins LLP

Watch What You Write: Communications on Personal Devices Could Be Disclosable in Litigation

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The location of the data is not sufficient to avoid a disclosure order. When it comes to personal devices, people increasingly communicate across multiple platforms, often in an informal and unguarded manner. ...more

Foley Hoag LLP - Security, Privacy and the...

Can You Still Protect Digital Forensic Reports From Discovery? It’s Getting Harder.

A data security incident will always require a technical response, and usually that technical response will come from outside experts. Those experts are hired to investigate and remediate an incident. Since data incidents...more

Fox Rothschild LLP

Who Is Paying? NJ Federal Court Orders Disclosure Of Third-Party Litigation Financing

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The United States District Court for the District of New Jersey recently amended Rule 7.1.1 of the Local Civil Rules to require parties that use third-party litigation financing to file a disclosure statement (the Amended...more

Association of Certified E-Discovery...

[Virtual Conference] eDiscovery Summer Refresher 2.0 - Session Five: Hot Topics in eDiscovery: 2021 Case Law Update - August 11th,...

2021 has already ushered in a number of eDiscovery developments that clients and counsel should be aware of. These developments include new trends regarding the increasing incidence of court-ordered forensic exams, whether...more

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