News & Analysis as of

Discovery Litigation Fees & Costs

Esquire Deposition Solutions, LLC

Modest $120 Award Created Right to Recover Deposition Costs

We’ve written frequently on ways that parties can recover their costs of suit — particularly deposition-related costs — at the conclusion of civil litigation. Costs related to deposition transcripts used at trial, deposition...more

Esquire Deposition Solutions, LLC

How Requests for Admission Can Trigger Right to Recovery of Deposition Costs

A recent blog post here examined the circumstances under which a prevailing party in litigation can obtain reimbursement for deposition-related costs in federal courts. The rules are complicated, constrained by the statutory...more

JAMS

A Modest Proposal to Avoid Discovery Nightmares

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My life as a discovery mediator began with a court order appointing me to conduct a mediation among the parties on all disputed discovery issues in a complex, multiparty case. At the time, I had not heard of the term...more

Esquire Deposition Solutions, LLC

Taxation of Deposition-Related Costs in Federal Courts

As litigators know, the United States follows the so-called “American Rule” when apportioning the costs of litigation. Unless a statute specifically provides otherwise, parties in court are responsible for their own...more

U.S. Legal Support

Annual Survey Results Are In: Litigation Support Trends to Watch for in 2024

U.S. Legal Support on

Reflection and anticipation—these words are especially resonant at this time of year. While we look back at the accomplishments and progress made in the last year, it’s important to prepare for the year ahead by identifying...more

EDRM - Electronic Discovery Reference Model

The GPTJudge: Justice In A Generative AI World

Abstract - Generative AI (“GenAI”) systems such as ChatGPT recently have developed to the point where they are capable of producing computer-generated text and images that are difficult to differentiate from human-generated...more

Esquire Deposition Solutions, LLC

Are Costs for Stenographic and Video Copies of the Same Deposition Taxable?

Yes absolutely, but with one caveat. Counsel should not overlook the requirement to carefully document the necessity of any costs claimed to be taxable. This includes costs for videotape copies of depositions....more

Esquire Deposition Solutions, LLC

Mere Document Review Left Corporate Representative Inadequately Prepared for Deposition

A recent discovery ruling from an Ohio federal magistrate judge offers a helpful primer on how corporate representatives should prepare for depositions. The ruling, In re FirstEnergy Corp. Securities Litig., No. 2:20-cv-3785...more

Latham & Watkins LLP

UK High Court Ruling in Competition Claim Highlights Consequences of Disclosure Failures

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The ruling is also a reminder of the circumstances in which the court may order indemnity costs for such failures. On 29 July 2022, the UK High Court ruled in Cabo Concepts Limited v. MGA Entertainment (UK) Limited that...more

Wiley Rein LLP

Sanctions Carve-Out Bars Coverage for Show Cause Order Issued to Attorney

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The United States District Court for the District of Colorado, applying Colorado law, has held that a professional liability insurer was not obligated to defend an attorney accused of discovery misconduct. The court ruled...more

Miles Mediation & Arbitration

Legal Malpractice Ideally Handled in Pre-Suit Mediation

The legal profession likes to present the façade of unwavering perfection, which is why an accusation of malpractice can be particularly unsettling for the attorney at whom it is lodged. These allegations can make a lawyer...more

Miles Mediation & Arbitration

Practice Pointers for a Successful Mediation

Do not underestimate the benefits of mediation.  Many litigants believe that a jury trial is their chance to finally “tell their story” in front of an emphatic and understanding group of peers.  As attorneys, we know that is...more

Reveal

Robots Are Your Friends: The Need for Artificial Intelligence in eDiscovery

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I saw this headline on another legal blog a few days ago: AI may be your new Co-Worker! Which of course led to this week’s eDiscovery Blues™ cartoon. For years now, people have been talking about the Rise of the Robot Lawyers...more

Mintz - Intellectual Property Viewpoints

No Fishing Allowed: Discovery of Litigation Funding Requires Articulation of Relevance Beyond Speculation

A recent Memorandum Order from the District of Delaware edified the protections courts tend to give discovery concerning litigation funding. Because Defendant AT&T failed to carry its burden of demonstrating the specific...more

NAM (National Arbitration and Mediation)

The Room Where Mediation Happens: 2020 Insights For A Successful Employment Dispute Resolution

Mediation of employment disputes is not an exact science, there is no magic formula, and to paraphrase the song from the Broadway show Hamilton, no one knows how the parties get to “yes” because no one else is in “the room...more

Association of Certified E-Discovery...

[Webinar] In-House eDiscovery Benchmarks: Key Takeaways from the 2020 Corporate In-Housing Survey - March 3rd, 1:00 pm ET

Join Logikcull and ACEDS as we dive deep into the results of the inaugural 2020 Corporate In-Housing Survey, looking at new benchmarks on in-house approaches to discovery, cost control, and litigation management. See how...more

Farrell Fritz, P.C.

Nothing in Life (and Litigation) is Free: Surrogate’s Court Awards a Non-Party $40,000 in Counsel Fees for Complying with a...

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New York CPLR 3122(d) provides that the “reasonable production expenses” incurred by a non-party’s compliance with a subpoena shall be defrayed by the party issuing the subpoena....more

Proskauer - Minding Your Business

Is Increased Transparency into Litigation Financing on the Horizon?

The market for litigation finance shows no signs of slowing down, but pressure from rulemaking bodies and the judiciary may reshape whether and to what extent funding arrangements must be publicly disclosed. The use of...more

Smart & Biggar

5 reasons why Canada is an attractive jurisdiction for trademark litigation

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Brand owners looking to enforce their rights expeditiously (and inexpensively) need look no further than Canada, which offers brand owners a number of tools to obtain relief against infringers and counterfeiters in a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Business Recovers Millions in Fees, Expenses, and Costs After Claims by EEOC Found to be "Frivolous"

A district court awarded nearly $4.7 million in fees, expenses, and costs to a trucking business after the court found Title VII claims brought by the Equal Employment Opportunity Commission (“EEOC”) to be “frivolous,...more

Troutman Pepper

New Best Practices Under E-Discovery Spoliation Rule

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As the volume of electronically stored information, or ESI, subject to discovery has exploded, allegations of spoliation have multiplied. Before the 2015 amendments to the Federal Rules of Civil Procedure, courts relied on...more

Arnall Golden Gregory LLP

Preparing for Litigation in the U.S.

AGG’s Global Commerce Team Insights is a monthly update covering legal and regulatory topics. Our team assists foreign companies to mitigate risk in order to capitalize on the opportunities presented by entering the U.S....more

Esquire Deposition Solutions, LLC

Four Best Practices for Remote Depositions

According to a recent Thomson Reuters report on trends and benchmarking, one of the highest priorities for firms and legal departments in 2018 was controlling litigation costs. Many organizations see remote depositions as a...more

Bradley Arant Boult Cummings LLP

“Who’s Gonna Pay for All This?” Can Prevailing Litigants Have Their E-discovery Charges Taxed as Costs Against Their Losing...

Parties in today’s complex litigation world, and their counsel, need no reminder of the ubiquity of electronic discovery and the tremendous expense it occasions. Even before 2006, when “electronically stored information”...more

Weintraub Tobin

Losing Twice at Trial: Denying Requests for Admission Can Come Back to Bite You

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Litigation tends to be expensive, increasingly so due to the burdens of discovery. (You can thank the advent of emails, text messages, and other forms of communication now documenting conversations that used to take place by...more

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