BYOD (Bring Your Own Device)... *Liability and Data Breach Sold Separately
The Plaintiff filed a motion in limine seeking the district court to preclude the Defendant from offering at trial any testimony regarding the Defendant's opinion of counsel defense that was not disclosed during discovery. As...more
The Texas Supreme Court will hear argument in two mandamus petitions on Wednesday, February 25, 2015, beginning at 9:00 am. ...more
The dispute continues between Utica Mutual and Clearwater Insurance in the Northern District of New York where the court recently denied, in large part, the parties’ respective motions to compel discovery of insurance and...more
Although often mentioned as a possible remedy when defending meritless Public Records Act (PRA) lawsuits, it is actually very difficult for public agencies to obtain attorneys’ fees and costs when they prevail in PRA...more
Today, the Securities and Exchange Commission (“SEC” or “Commission”) announced the terms of a settlement with four of the Respondents in In the Matter of BDO China Dhaua CPA Co., Ltd. The four Respondents are the China...more
Armstrong Pump, Inc. v. Hartman, 2014 WL 6908867 (W.D.N.Y. Dec. 9, 2014).
In this patent case, the plaintiff claimed that the defendants breached their license agreement. The defendants had previously filed a motion to...more
A federal district court has ordered Westchester Insurance to produce all files and documents in its possession evidencing any reinsurance agreements or related reinsurance communications that pertain to the insured’s policy...more
The Court of Appeal for Ontario’s January 29, 2015 decision in Moore v. Getahun (Moore) has confirmed that there is nothing improper in counsel reviewing a draft report with an expert witness, and that draft expert reports...more
In an earlier filed decision, the district court had previously found that Escort and its defense counsel had knowingly misled the plaintiff, Fleming, which warranted a sanction of attorney fees. As explained by the district...more
On November 20, 2014, the District Court for the District of Columbia once again ordered Kellogg, Brown and Root (“KBR”) to produce all documents prepared as part of an internal investigation. The District Court’s decision...more
Lawyers routinely negotiate the scope of litigation discovery demands. One such lawyer was recently faced with a wildly broad discovery demand for relevant emails from the time a product was manufactured more than fifteen...more
As one year ends and a new one begins it’s an excellent time to take stock of our lives. Traditionally, the turn of a new year is accompanied by reflections on past accomplishments and resolutions and goals for the coming...more
In our last blog, we explored how popular song lyrics reflected some of the salient themes in e-discovery during 2014. In this blog, we’ll conclude our assessment with the most popular songs—and some of the most important...more
In James v. National Financial LLC, C.A. 8931-VCL (Del Ch. Dec. 5,2014) the Court of Chancery outlined Delaware Counsel’s discovery obligations as well as the type of sanctions that may be imposed for not complying with those...more
Intellectual Ventures II LLC v. JP Morgan Chase & Co., et al.
Case Number: 1:13-cv-03777-AKH -
Judge Hellerstein resolved a number of discovery-related motions. First he found that defendants’ motion to strike...more
GEA Process Engineering, Inc. v. Steuben Foods, Inc. -
In a decision that has the potential to expand the scope of permissible discovery in inter partes reviews (IPRs) as well as other post-grant procedures under the...more
Twice this year, the Nevada Supreme Court ruled that a party may be required to produce for inspection an otherwise privileged document used to refresh a witness’s recollection prior to or during the witness’s testimony at a...more
It is your lucky day!! A subpoena comes in the mail and makes its way to your desk. The subpoena comes from a creditor involved in a lawsuit with one of your employees and demands that you produce copies of your employee’s...more
In a pending False Claims Act (“FCA”) case stemming from alleged violations of the physician self-referral law (the “Stark Law”), 42 U.S.C. § 1395nn, and the federal Anti-Kickback Statute (“AKS”), 42 U.S.C. §1320a-7b, the...more
A federal district court has denied that part of an insured’s motion seeking to compel the insurer to produce all documents relating to its reinsurance coverage. The court ordered the production of the reinsurance agreements...more
On October 16, a California district court issued a declaratory judgment ordering a company to comply with Rule 34 as cited in the Federal Rules of Civil Procedure....more
A recent order issued by M.J. Paul Grewal in Venture Corp. Ltd., et al. v. Barrett, No. 5:13-cv-03384, 2014 WL 5305575 (N.D. Cal. October 16, 2014) provides a useful reminder for all litigators: “Rule 34 (Producing Documents,...more
Dell moved to compel the production of certain internal counsel communications at the plaintiff, MLR. MLR had refused to produce the documents, claiming work product protection.
As explained by the district court,...more
Two disturbing cases for different, but similar reasons.
When did parties jump from collection and culling of documents to simply turning over all possible evidence blindly and relying on a claw back agreement to...more
Every four years, the Summer Olympic Games crowns the winners of the 100-meter dash and dubs them the fastest man and woman in the world. Currently, the world record for the men’s event is 9.58 seconds, while the women’s...more
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