Proposed FRCP Changes: Effect on eDiscovery, RIM & IG (CLE)
Inter Partes Review: Validity Before the PTAB
IP|Trend: Discovering Source Code
BYOD (Bring Your Own Device)... *Liability and Data Breach Sold Separately
Patent Office Litigation Update: IPR Discovery and Evidentiary PTAB Decisions
Polsinelli Podcast - Social Media at Work - What's Allowed and What Isn't?
[Legal Perspective] When Is It NOT Okay to Delete Your Social Media Account?
Federal Circuit Vacates Lower Court’s Obviousness Finding Based on Incorrect Application of Inherency Doctrine -
In Par Pharmaceutical, the Federal Circuit vacated an obviousness ruling by the district court, finding...more
Vicente v. City of Prescott, 2014 WL 3894131 (D. Ariz. Aug. 8, 2014.
In this employment dispute case, the plaintiffs sought a summary judgment motion and motion for sanctions due to the defendants’ “failure to preserve...more
Small v. Univ. Med. Ctr. of S. Nev., No. 2:13-cv-00298-APG-PAL, 2014 U.S. Dist. LEXIS 114406 (D. Nev. Aug. 18, 2014).
In this employment law dispute, the court appointed a special master to resolve discovery issues....more
Hawley v. Mphasis Corp., 2014 WL 3610946 (S.D.N.Y. July 22, 2014).
In this employment discrimination case, the plaintiff moved for sanctions due to defendant’s alleged discovery violations. The plaintiff claimed that...more
Text messages, once the exclusive domain of teenagers and college students, are increasingly used in business communications. These communications are, unsurprisingly, also discoverable in a wide variety of litigation...more
In this patent infringement action brought by plaintiff Trustees of Boston University ("BU") , BU alleged that defendants infringed U.S. Patent No. 5,686,738 (the "'738 Patent"), which pertains to light emitting diodes...more
The sanctions recently levied against Foot Locker serve as a potent reminder that understanding data and document preservation requirements is imperative. A New York federal judge issued sanctions against Foot Locker last...more
Last week, Judge Kathleen Williams of the U.S. District Court for the Southern District of Florida granted plaintiffs’ motion for sanctions against Donald Trump for his initial failure to disclose a relevant insurance policy...more
Organizations involved in litigation—as well as those navigating their obligation to preserve information for potential litigation—are likely to benefit from the proposed amendments to the Federal Rules of Civil Procedure...more
The other side is not giving you adequate discovery responses. In frustration, you may want to file a motion to compel. But stay calm and consider carefully whether doing so really makes sense and if there are better...more
A salesperson and her boss are attending a conference at a hotel. Their goals are twofold: learning the latest industry trends and mingling with clients to generate business. After the sessions end, they invite two potential...more
After the district court granted a motion to compel in which it overruled the defendants' objections and ordered the defendants to provide complete responses to the interrogatories and to produce all responsive documents, the...more
If your company is like many organizations, once a legal hold is set in motion, it becomes yesterday’s news…and is promptly forgotten about in favor of more pressing matters. After all, at its essence, a litigation hold is...more
In January, U.S. Magistrate Judge Paul S. Grewal sanctioned Samsung and its law firm for a series of violations involving the disclosure of a document containing confidential information in contravention of the court’s...more
Calling its prior proposal “too restrictive,” the Advisory Committee on Civil Rules published a substantially revised version of Federal Rule of Civil Procedure 37(e) in the agenda for its April 10-11 meeting. The Committee...more
A number of Reed Smith attorneys have been active in supporting the proposed amendments to the Federal Rules of Civil Procedure, particularly those aimed at narrowing the discovery process through consideration of...more
On January 30, Nevada’s Clark County District Court ordered the State AG to pay attorneys’ fees in connection with a mortgage servicing vendor’s attempts to obtain discovery in the state’s case alleging the company...more
While there is significant value in knowing the latest trends in ediscovery case law, I’m reminded of one of my favorite law school professors who always stressed that I try to see the forest for the trees. In other words,...more
2013 for ediscovery “was a very good year.” The courts’ unified message was simple (showing a renewed interest proportionality and cooperation), clear (attorneys in 2013 must know ediscovery), and even a bit provocative (see...more
Many potential litigants have been aggressive in their preservation of electronically stored information (ESI) to diminish the risk of spoliation sanctions – a risk driven by courts that have imposed sanctions with little or...more
You may remember the case of Out of the Box Developers, LLC v. Logicbit Corp. It has spawned a couple of interesting discovery decisions. One was on subpoenas to third parties, another involved nearly $40,000 in sanctions for...more
Herrmann v. Rain Link, Inc., 2013 WL 4028759 (D. Kan. Aug. 7, 2013). In this litigation brought under the Americans with Disabilities Act and related Kansas state law, the plaintiff sought sanctions for the defendants’...more
Logtale Ltd.v. IKOR, Inc., 2013 WL 3967750 (N.D. Cal. July 31, 2013). In this misrepresentation case, the plaintiffs sought to compel the defendants to comply with a prior court order and compel production from a defendant...more
Christ v. Flinthill Space Comm. Trust, 2013 WL 3771178 (Va. June 17, 2013).
In this divorce case, the plaintiff and her counsel were fined $880,748.26 for using abusive, “vindictive” discovery tactics. ...more
The costs that parties incur in the broils of litigation have been on the front burner in recent years, with the temperature rising. In 2010, the Judicial Conference Advisory Committee on Civil Rules sponsored a Conference on...more
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