Polsinelli Podcast - Avoiding Professional Liability
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
Freedman v. Weatherford Int’l, 2014 WL 4547039 (S.D. N.Y. Sept. 12, 2014).
In this securities fraud case, the plaintiff sought the production of search efficiency reports that were part of an investigation by third...more
Samsung Electronics Co., Ltd., et al. v. Black Hills Media, LLC -
Addressing a patent owner’s unauthorized e-mail arguing for additional discovery and the petitioner’s likewise unauthorized responsive e-mail, an...more
In MotivePower, Inc. v. Cutsforth, Inc., IPR2013-00272, Paper 30 (August 5, 2014), one of the parties mistakenly filed, rather than emailed, their exhibits for the Oral Hearing. ...more
Chief Judge Loretta A. Preska of the U.S. District Court for the Southern District of New York affirmed Magistrate Judge James C. Francis IV’s opinion and ordered that the U.S. Department of Justice (DOJ) could compel...more
Given the rarity of a granted Motion for Additional Discovery, it is worth noting the circumstances of the Board’s decision in Apple Inc. v. Achates Reference Pub., Inc., IPR2013-00080; -00081 (Paper 58), wherein an exchange...more
Saliga v. Chemtura Corp., 2013 WL 6182227 (D. Conn. Nov. 25, 2013).
In this discrimination case, the court dealt with two parties who failed to agree on numerous discovery matters. The most prominent issue was the...more
P.R. Tel. Co. v. San Juan Cable LLC, 2013 WL 5533711 (D.P.R. Oct. 7, 2013).
In this antitrust case, the plaintiff sought an adverse inference instruction against the defendants, who allegedly failed to preserve...more
Sekisui Am. Corp. v. Hart, 2013 WL 4116322 (S.D.N.Y. Aug. 15, 2013). In this case, Judge Shira Scheindlin reversed an earlier order that denied spoliation sanctions for the plaintiffs’ deletion of ESI. The underlying breach...more
Companies that have existed for any period of time can be overwhelmed by the volume of documents they create. The amount of material and data have grown exponentially in the last few decades with the expansion of...more
A recent FINRA disciplinary action sends a strong message to broker-dealers that the development of their compliance systems — particularly with respect to email review and retention — must keep pace with the growth of their...more
Look around any conference room, coffee shop or elevator and you will find almost everyone has their smart phone in hand or nearby. While these hand-held devices are still used for talking on the phone, they are also used for...more
Top 10 posts of 2012:
New Rules for Service of Pleadings and Documents by E-mail; Florida Supreme Court implements e-discovery amendments – Effective September 1st; Rules Updates – New E-discovery and E-mail Service...more
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