Document Productions

Government Runs Its Record to 4-0 in Compelling Production of Records of Offshore Bank Accounts

by Jay Nanavati | BakerHostetler on 5/21/2013

On February 7, 2013, the U.S. Court of Appeals for the Eleventh Circuit joined “the three of our sister circuits that have considered the same issue here about foreign financial account records and conclude that the...more

BABC eDiscovery Newsletter - April 2013

by Brie Buchanan, Ty Dedmon, David Deusner, Kyle Hankey, Jonathan Head, Jessica Jones, Riley Key, Ann Phelps, Avery Simmons, Paul Smith, Fritz Spainhour, Frankie Spero | Bradley Arant Boult Cummings LLP on 5/10/2013

In this issue: - The Firm’s Ediscovery Team Attorneys - Case Insights - Editor’s Corner - Excerpt from Peerless Industries, Inc. v. Crimson Av, LLC, Case No. 1:11-cv-1768, 2013 U.S. Dist. LEXIS...more

Dismissal for Fraud on the Court Not Available to Resolve Jury Questions – Herman v. Silver

by Jason H. Baruch | Trenam Kemker on 5/7/2013

In this medical malpractice case, a husband sued after his wife died allegedly from kidney failure after the defendant doctor performed surgery. At the trial, the husband testified about various issues, including his wife’s...more

Divided Supreme Court Upholds Chicago Condo Association Ordinance

by Kirk Jenkins | Sedgwick LLP on 4/29/2013

Yesterday, the Illinois Supreme Court filed its long-awaited opinion in Palm v. 2800 Lake Shore Drive Condominium Association. Although on its face, Palm relates only to the enforceability of a Chicago city ordinance on...more

Electronic Discovery: Avoiding Disaster: 2013 Zubulake Updates

by Cynthia A. Augello | Cullen and Dykman LLP on 4/9/2013

It is always a good idea to Shepardize or Keycite important cases, especially when the case involves the ever evolving area of e-discovery. We find ourselves always checking the cases in our CLE entitled “Electronic...more

Burr Alert: FINRA Amends Subpoena And Arbitrator Order Rules

by Benjamin Coulter, Mignon Lunsford | Burr & Forman on 3/27/2013

In its recent Regulatory Notice 13-04, the Financial Industry Regulatory Authority ("FINRA") announced amendments to its Customer and Industry Codes of Arbitration Procedure related to subpoenas and arbitrator orders for the...more

SEC Oversight of FINRA Exempt from FOIA Request

by Dean Razavi, Emily Stern | Katten Muchin Rosenman LLP on 3/27/2013

The District Court for the District of Columbia has held that the Securities and Exchange Commission is exempt from producing documents relating to its audit, inspections, and review of the Financial Industry Regulatory...more

NY Courts Adopt Federal E-Discovery Cost Allocation Standard

by Bruce V. Miller | Cullen and Dykman LLP on 3/26/2013

On February 28, 2012, Justice Acosta of the First Department, Appellate Division, adopted the federal Zubulake standard to determine which party is responsible for the cost of searching for, retrieving, and producing...more

Patton Boggs Reinsurance Newsletter - March 2013: A Brief Review of Reinsurance Trends in 2012: Discovery

by Patton Boggs LLP on 3/22/2013

In three cases in 2012, federal courts required the disclosure of reinsurance materials in discovery, emphasizing the broad scope of discovery and the need to produce relevant materials. First, in Granite State Ins. Co. v....more

Avoiding Inadvertent Privilege Waivers: A Primer

by Licyau Wong | Foley & Lardner LLP on 3/13/2013

You are an associate in a law firm who has just been assigned the responsibility of managing a document production in a breach of contracts case. There are 700,000 electronic documents to be reviewed, and there is a...more

What Does the Crystal Ball Say on the Future of Technology Assisted Review?

by Joanne Lee | Foley & Lardner LLP on 3/5/2013

The day when robots start doing legal work might come sooner than you think. Indeed, courts and litigants across the country appear to have a laserbeam focus on the newest entrant to the E-Discovery scene: computer assisted...more

Required Records, The Act Of Production And Secret Offshore Accounts

by Jeremy Temkin | Morvillo Abramowitz Grand Iason & Anello P.C.... on 2/27/2013

The Fifth Amendment dictates that no person "shall be compelled in any criminal case to be a witness against himself." While most non-lawyers (and many lawyers) might assume that this simple edict means the government cannot...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Winter 2013 - Volume 11, Issue 1: Conducting Efficient Patent...

by Kurt W. Rohde | McDonnell Boehnen Hulbert & Berghoff LLP on 2/25/2013

The costs associated with discovery, and particularly electronic document discovery, in patent litigation can be effectively controlled with upfront planning, preparation, and coordination between inhouse and outside...more

Adventures in Email Threading

by Brian Kapatkin | Foley & Lardner LLP on 2/15/2013

Any attorney who has reviewed documents collected from a client could tell you that email is often the primary way in which people communicate matters of importance. Unfortunately – both for the attorney who has to review the...more

Production Of Documents From Court-Appointed Receivers

by Norm Emblem, Chloe Snider | Dentons on 2/1/2013

Originally published in International Law Office, January 2013: In its recent decision in SA Capital Growth Corp v Mander Estate the Ontario Court of Appeal considered whether the appellant, who was facing proceedings...more

Ninth Circuit Holds that Fifth Amendment Does Not Shield Taxpayer's Attorney from Forced Production of Client-Taxpayer's Records

by Jay Nanavati | BakerHostetler on 1/15/2013

Applying the “foregone conclusion” exception to the Fifth Amendment privilege against self-incrimination, the Ninth Circuit held on January 8, 2013, that the IRS could force a taxpayer’s criminal defense attorney to turn over...more

The CFPB and privilege: the fight isn’t over

by Steven D. Burt, Daniel McKenna | Ballard Spahr LLP on 1/11/2013

We blogged recently about H.R. 4014, which President Obama signed into law near the end of 2012....more

Nevada Rejects Literalist View on Some Lender and Trust Deed Holder Requirements for the Right to Enforce

by John S. Delikanakis | Snell & Wilmer L.L.P. on 12/18/2012

Nevada’s Foreclosure Mediation Program (FMP), statutorily mandates mediation before a non-judicial foreclosure of an owner-occupied residence can proceed. It also encourages the judicial review of that mediation. It has been...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Fall 2012 - Volume 10, Issue 4: Conducting Efficient Patent...

by Kurt W. Rohde | McDonnell Boehnen Hulbert & Berghoff LLP on 11/16/2012

The costs associated with discovery, and particularly electronic document discovery, in patent litigation can be effectively controlled with upfront planning, preparation, and coordination between in-house and outside...more

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