News & Analysis as of

Discovery Local Rules

Faegre Drinker Biddle & Reath LLP

The S.D.N.Y. and E.D.N.Y. Issue New Local Rules

On June 17, 2024, the Southern and Eastern Districts of New York released updated joint local civil rules. The new rules are effective in all pending and new matters as of July 1, 2024, except that if a pending deadline is...more

Epiq

2023 eDiscovery Case Law Review

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January is a time to set goals and ponder what the new year will bring. It is also a time to think about what happened last year. In the world of litigation, it is important for lawyers and eDiscovery professionals to take...more

Esquire Deposition Solutions, LLC

Courts Want to See Just the Relevant Portions of Deposition Transcripts

In the federal system, deposition testimony often provides crucial evidentiary support for summary judgment motions— a key procedural device for narrowing contested issues that require trial or, in some cases, eliminating the...more

Saiber LLC

When Social Media Posts Are Discoverable in New Jersey

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On March 16, 2023, the Appellate Division in New Jersey issued a decision in Davis v. Disability Rights New Jersey, which set forth guidelines for when a litigant’s private social media posts may be subject to discovery by...more

Obermayer Rebmann Maxwell & Hippel LLP

Breaking Down the Delaware Divorce Process Into 4 Easy Steps

The divorce process is governed by state law. So, the process can and often does differ from one state to another....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

Patterson Belknap Webb & Tyler LLP

New York State Unified Court System Adopts New Rules and Guidelines For E-Discovery

On April 11, 2022, the New York State Unified Court System will adopt additional rules and guidelines for Electronically Stored Information (“ESI”). As we explained in our earlier post on these changes, “[t]he goal of the...more

Womble Bond Dickinson

Delaware Court: Redactions in Court Filings Should Not Be an Afterthought

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Last week US District Court Judge Richard Andrews rejected two separate parties’ filings in the District of Delaware because portions were redacted in their entirety. This practice applies universally to all District of...more

Butler Snow LLP

Turn that Frown Upside Down: Litigation Funding Agreements Provide Opportunities in Defending Personal Injury Actions

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Litigation funding involves a third-party, which is not a party to the lawsuit, advancing funds on behalf of the injured plaintiff in return for a portion of any financial recovery. Although litigation funding can take many...more

Proskauer - California Employment Law

Even a Worldwide Pandemic Is No Excuse For Blowing A Class Certification Deadline!

For years, federal courts in California have been inundated with wage and hour class actions. Because these cases often clogged district court dockets for months (and, sometimes, even years) on end, the Central District of...more

NAM (National Arbitration and Mediation)

Resolving Medical Malpractice Matters - Positive Outcomes Through Mediation

There are numerous benefits associated with using mediation to resolve medical malpractice disputes. The mediation process affords both parties more control over the process, often reduces the cost of litigation, and can...more

Miller Canfield

Michigan Supreme Court Approves Significant Changes to Michigan Court Rules Effective January 1, 2020

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The Michigan Supreme Court has adopted proposed changes to several Michigan Court Rules, at the recommendation of the State Bar of Michigan Civil Discovery Rule Review Special Committee. Those changes take effect January 1,...more

Association of Certified E-Discovery...

Sean O’Shea: Tips for Paralegals and Litigation Support Professionals – January 2019

ACEDS is thrilled to introduce our latest blogger, Sean O’Shea. Sean posts a litigation support related tip each night at http://www.litigationsupporttipofthenight.com/. Sean’s posts take a deep dive into the technical tools...more

Obermayer Rebmann Maxwell & Hippel LLP

All Child Custody Matters Are To Be Treated Equally: New Jersey Appellate Division Decision States The Not-So-Obvious

If the custody or parenting time of a minor child is at issue before a court, should the legal process differ depending on whether the parents of the child at issue were married? Basic principles of equity, and frankly...more

Akin Gump Strauss Hauer & Feld LLP

Ninth Circuit Invalidates Local Rule Requiring Class Certification Motions to Be Brought Within 90 Days

• Central District of California Local Rule 23-3 requires plaintiffs to file a motion for class action certification within 90 days of service of the complaint. • The 9th Circuit in ABS Entertainment overturned Local Rule...more

Butler Snow LLP

Changes to the Local Rules for the Middle District of Tennessee (Mostly) Reflect the Realities of Modern Law Practice

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Effective August 14, 2018, the United States District Court for the Middle District of Tennessee made a number of revisions to its Local Rules. Many of the changes were tailored to combat practical issues experienced by...more

Epiq

New York Court Encourages Attorneys to Use TAR for Document Review

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Attorneys across the country use technology assisted review (“TAR”) to streamline and manage document review, which is the most time consuming aspect of litigation because of the high volume of data that organizations...more

Knobbe Martens

Ethical Brand Protection in the Age of Social Media: Fair Ball or Foul?

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Presentation Goals - • WHAT - Build and maintain strong brand equity through proper trademark policing • HOW - Protect the brand via a custom enforcement strategy • CONSIDERATIONS - Promote ethical investigations in...more

Proskauer - New England IP Blog

New Local Patent Rules May Speed Up Patent Litigation In Massachusetts

Massachusetts is home to one of America’s chief innovation hubs. Yet, historically, the District of Massachusetts has seen relatively few patent cases when compared to other high-tech venues around the country. While there...more

NAM (National Arbitration and Mediation)

There's A New Rule In Town - What Will You Do About It?

As of January 1, 2018, Commercial Division Rule 10 was amended. The rule, innocuous on its face, specifies what information an attorney must supply at a preliminary conference. The amendment is entitled “Certification...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Third-Party Litigation Financing: Mandatory Disclosure on the Horizon?"

The use of third-party litigation financing — generally defined as the funding of litigation activities by entities other than the parties themselves, their insurers or their counsel — continues to increase in the United...more

Farella Braun + Martel LLP

The Northern District of California Seeks to Bring More Clarity to Damages with its Latest Revised Patent Local Rules

On January 17, the Northern District of California approved the latest amendments to its Patent Local Rules, which became effective immediately. Traditionally seen as a thought leader on organizing and structuring patent...more

Brooks Pierce

Five Things You Should Know About Discovery Under The New Business Court Rules

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There are new Rules for the NC Business Court In effect, as of January 1, 2017. If you have a case in the Business Court, or are expecting to designate a case there, you should look them over. ...more

Latham & Watkins LLP

Your Stipulated Protective Order May Not Provide As Much Protection As You Expect

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In a growing number of courts, a negotiated protective order entered for discovery purposes will not protect litigants’ confidential information from public disclosure. Stipulated protective orders are commonly used...more

McGuireWoods LLP

E-Discovery Update: Know Your Court’s Local E-Discovery Rules

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In the past few years, a number of courts have issued standing orders or have issued guidelines or forms to govern the production of electronically stored information (ESI). These orders and forms can be found on the courts’...more

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