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Discovery Judicial Discretion

White & Case LLP

SL Claimants v Tesco: High Court clarifies the confidentiality of documents referred to in separate criminal proceedings

White & Case LLP on

In SL Claimants v Tesco Plc,1 the High Court considered a number of issues relating to disclosure during the fourth case management conference in those proceedings. Of particular interest to practitioners and parties to...more

Skadden, Arps, Slate, Meagher & Flom LLP

Heeding Calls for Reform in Multidistrict Litigation Practices

Multidistrict litigation (MDL) proceedings comprise a large and growing portion of the federal civil docket. According to Lawyers for Civil Justice, an association of defense counsel, MDLs encompassed 52% of all federal civil...more

Reveal

Deleted ESI Doesn’t Automatically Mean Sanctions: Two Recent Cases Highlight the Spoliation Thresholds in Rule 37(e)

Reveal on

Two Recent Cases Highlight the Spoliation Thresholds in Rule 37(e)  - With the 2015 FRCP amendments quickly nearing a half-decade in existence, case-law continues to define how these rules are upheld in court, especially...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Provides Further Guidance on Demands to Inspect Electronic Communications

Recently, Delaware corporations faced with demands for books and records under 8 Del. C. § 220 have increasingly been forced to contend with demands for electronic communications, such as emails. Historically, the Delaware...more

Dechert LLP

Potential Criminality Under Foreign Law Not a Bar to Disclosure of Documents in English Civil Proceedings

Dechert LLP on

Bank Mellat v HM Treasury [2019] EWCA Civ 449 - Synopsis - Obligations of confidentiality arising under a foreign legal system do not automatically entitle a party litigating in England to withhold documents from...more

Winstead PC

Fiduciary Litigation Practice Tip: Streamlining Discovery To Threshold Legal Issues

Winstead PC on

Litigation can unfortunately be a costly endeavor. This is as true with fiduciary litigation as with any other type of litigation. ...more

Proskauer - Minding Your Business

A District Court’s Discretion to Sanction Is Broad, “But For” a Causal Limitation

Recently, the U.S. Supreme Court clarified in Goodyear Tire & Rubber Co. v. Haeger that even a district court’s exercise of broad discretion to impose a civil sanction for a litigant’s bad faith conduct has to be limited by a...more

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