News & Analysis as of

Discovery Disclosure

EDRM - Electronic Discovery Reference Model

A Protective Order Has Teeth – Counsel Disqualified After Court Finds Violations

In US Dominion, Inc. v. Byrne, 2024 WL 3792654 (D.D.C. Aug. 13, 2024), violations of protective orders led to disqualification of counsel. The court began its decision by stating:  “This case arises out of the 2020 U.S....more

Farrell Fritz, P.C.

Recent Reminders from the Commercial Division That Experts Must Timely Show Themselves and Their Work to Avoid Preclusion

Farrell Fritz, P.C. on

It’s been a minute since our last installment of our “Check the Rules” series here on New York Commercial Division Practice, in which we occasionally highlight decisions from Commercial Division judges holding litigants and...more

Marshall Dennehey

Federal District Court Finds Post-Incident Human Factors Review of Product Manual to Be Discoverable

Marshall Dennehey on

Martz v. Polaris Sales Inc., Case. No. 4:22-CV-01390, 2024 WL 199550 (M.D. Pa. Jan. 18, 2024) - In this product liability case, the plaintiff’s wife lost control of the ATV she was operating and died in a fatal accident. A...more

JND Legal Administration

Generative AI and Protective Orders

A recent conversation I had raised a new concern surrounding the use of Generative AI that is worth talking through. Will using Generative AI tools violate obligations surrounding the storage and review of documents...more

Association of Certified E-Discovery...

Back to eDiscovery Basics: Are Your Legal Hold and Preservation Processes Subject to Discovery?

In the realm of litigation, the management of electronically stored information (ESI) is a pivotal component that can significantly influence the trajectory and outcome of a case. The recent ruling in Doe LS 340 v. Uber...more

EDRM - Electronic Discovery Reference Model

February’s Notable Cases and Events in E-Discovery

This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues: an order from the U.S. District Court for the Northern District of California requiring the Defendant to...more

EDRM - Electronic Discovery Reference Model

Do “Evasive and Incomplete” Discovery Responses Support Draconian FRCP 37(d) Sanctions?

In Ogunsula v. Warrenfeltz, 2024 WL 298984 (D. Md. Jan. 25, 2024), the Court recognized a split of authority and addressed the interplay between Rule 37(a)’s maxim that “evasive and incomplete” discovery responses are deemed...more

EDRM - Electronic Discovery Reference Model

Defendant Who Participated in Text Message Exchange Was Not Prejudiced by Disclosure on the Eve of Trial

In Pointer v. State, 2024 WL 70556(Apl. Ct. Md. Jan. 5, 2024)(unreported).   the Appellate Court of Maryland held that disclosure of text messages the day before a criminal trial did not prejudice the defendant.  One...more

Axinn, Veltrop & Harkrider LLP

When Disclosure Isn't Disclosure

A patent challenger identified a witness as a person with relevant knowledge in Rule 26(a) disclosures and interrogatory responses, and the patentee deposed the witness. Surely the witness can testify at trial, right? The...more

Hanzo

Understanding California Senate Bill 235: A New Chapter in Civil Discovery

Hanzo on

When it comes to the legal landscape, every new law or amendment can have a significant impact on the processes and outcomes for litigants. A recent change in California, Senate Bill 235 (CA SB235), signed into law by Gavin...more

Bradley Arant Boult Cummings LLP

Protective Order Battle Could Undermine Trump's Effective Defense

A battle is heating up in the Jan. 6 criminal case against former President Donald Trump that, while seemingly technical, will likely have a significant impact on the defendant’s ability to mount a defense. It may well serve...more

Faegre Drinker Biddle & Reath LLP

Court Finds Ship Has Sailed for Seaman to Disclose Expert’s Opinions, Resulting in Summary Judgment

Discovery deadlines exist for a reason. Although there are exceptions to every rule – and often a rule dictating how to handle such exceptions – litigants in federal court are expected to show their evidentiary cards in a...more

EDRM - Electronic Discovery Reference Model

January's Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published January 18, 2023 and EDRM is grateful to Robert Keeling, Chair of the EDRM Global Advisory Council and our Trusted Partner, Sidley, for permission to republish.] This Sidley...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Making Expert Disclosures Live Up To Their Name: The Amended Rule 16

Takeaway: The substantive amendments to Rule 16 address many of the criticisms of the prior rule, making it a more effective discovery device. This December, a significant Amendment to Rule 16 of the Federal Rules of...more

EDRM - Electronic Discovery Reference Model

An In-Depth Look at the 2022 eDisclosure Systems Buyers Guide, Part 2

Purchasing Resources- When I said last time that the first 70+ pages is mostly dedicated to educational resources, that includes resources on the market, a procurement approach that can be used to select vendors and...more

Sheppard Mullin Richter & Hampton LLP

Judgment Creditors Beware: Moving For Contempt May Be Within Reach, But Difficult To Grasp

In the New York County Commercial Division, Justice David B. Cohen’s ruling in B&M Kingstone, LLC v. Mega Int’l Comm. Bank Ltd., 2022 NY Slip Op. 30481(U) (Sup. Ct. N.Y. Cnty. 2022) makes clear that New York courts can compel...more

Jones Day

Navigating Trade Secret Identification During Discovery: Timing & Scope

Jones Day on

A trade secret derives its value by being kept secret, yet a trade secret owner is required to identify its trade secret at some point during litigation to apprise the defendant as to what information was allegedly...more

Davis Wright Tremaine LLP

Another Court Limits Discovery Protections for Digital Forensic Investigations

A recent magistrate decision from the Middle District of Pennsylvania adds to the growing body of cases limiting discovery protection for forensic reports and other materials prepared in response to a data security incident....more

Sheppard Mullin Richter & Hampton LLP

Trade Secret Litigants Take Note: California District Court Provides Guidance on Obtaining a Preliminary Injunction and Expedited...

In trade secrets litigation, it is often critical to expeditiously obtain protection from further disclosure or continued misappropriation of the trade secret at issue through a motion for preliminary injunction. Courts are...more

Porter Hedges LLP

The Impact Of New Texas Discovery Rules In Delay and Disruption Claims

Porter Hedges LLP on

Any lawsuit filed in Texas state courts on or after January 1, 2021 are now subject to the newly-amended Texas Rules of Civil Procedure. Our litigation team has a helpful review of several of the most significant changes...more

Weintraub Tobin

District Court Finds Communications And Documents Concerning Defendant’s Post-Filing Acquisition Are Not Protected By The Common...

Weintraub Tobin on

In 10x Genomics, Inc. v. Celsee, Inc., 1-19-cv-00862 (DDE 2020-12-04, Order) (Colm F. Connolly), the District Court ordered the defendant to produce documents and give testimony about communications between defendant and its...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Appoints Special Discovery Master In Lieu of Judicial Hearing Officer

In a recent order, Justice Andrea Masley assigned a special discovery master to supervise discovery in Hindlin v. Prescriptions Songs LLC, et al., a “complex commercial action” with a “multitude of discovery issues[.]”...more

Faegre Drinker Biddle & Reath LLP

District Court Requires Plaintiff to Disclose Evidence About Noneconomic Loss

When plaintiffs request damages for noneconomic loss such as pain and suffering, courts are split on whether a defendant can require a plaintiff to disclose during discovery how much the plaintiff intends to ask the jury to...more

Jackson Lewis P.C.

New Jersey Addresses Rising Use Of E-Discovery With ‘Safe Harbor’ For Inadvertent Disclosures

Jackson Lewis P.C. on

Under an amendment to New Jersey Rule of Evidence (N.J.R.E.) 530 (Waiver of Privilege by Contract or Previous Disclosure), a “safe harbor” is available effective July 1, 2020, to clients and attorneys who inadvertently...more

Bricker Graydon LLP

New Ohio rules of practice and procedure effective July 1

Bricker Graydon LLP on

On July 1, 2020, several notable amendments to the Ohio Civil Rules took effect, which are designed to make Ohio practice more in line with current federal practice.  For instance, Rule 4.7 now includes a provision for waiver...more

57 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide