News & Analysis as of

Evidence

European Court of Justice Upholds Use of Evidence from Noncompetition Authority

by Jones Day on

The European Court of Justice ("CoJ") has upheld the European Commission's use of evidence transmitted by a national authority other than a Member State competition authority in a cartel investigation. The CoJ ruled on April...more

The Supreme Court - June 22, 2017

by Dorsey & Whitney LLP on

Maslenjak v. United States, No. 16-309: Petitioner Divna Maslenjak, an ethnic Serb who immigrated to the United States in 2000 and became a naturalized U.S. citizen in 2007, was convicted under 18 U.S.C. §1425(a) for...more

E-Discovery Production — Snow storms are avoidable

Who is to blame for a “document dump” – a “snow storm” – an obfuscation of information? Sometimes its intentional and sometimes it is not. Everyone – both plaintiff and defendant; both teams of lawyers. Requesters are...more

Four Critical Components in Scheduling International Deposition Locations

by Planet Depos, LLC on

One of the hurdles to tackle when planning for international depositions is the search for the right location. For someone scheduling their first deposition in Tampere, for example, this can be a bit like chasing a shadow in...more

In a Second Case, Judge Specifies Search Terms for Parties to Use: eDiscovery Case Law

by CloudNine on

In Abbott v. Wyoming Cty. Sheriff’s Office, No. 15-CV-531W (W.D.N.Y. May 16, 2017), New York Magistrate Judge Hugh B. Scott granted the plaintiff’s motion to compel and defendant’s cross-motion in part, ordering the defendant...more

International Depositions: Should I Stay or Should I Go?

by Planet Depos, LLC on

Should I stay or should I go? Not only is this a catchy 1980s hit single, but it’s also a common question from attorneys and paralegals when planning depositions abroad. With the advancement of video streaming technology,...more

Murder Arrest Warrant Weaves Web of Data Evidence in – Fitbit, Facebook, Alarm Systems and More

The warrant that led to the arrest of a husband for the alleged murder of his wife weaves a web of electronic evidence. Based in large part on Fitbit fitness tracker data, Connecticut authorities have charged Richard Debate...more

Discovery and Depositions in Germany (Updated 2017)

by Planet Depos, LLC on

Although Germany is a party to The Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters, the German Ministry of Justice has placed certain restrictions regarding how voluntary depositions of...more

“Toxic” Hearsay Upends Murder Convictions for Member of Bronx Drug Trafficking Crew

In a rare move, the Second Circuit (Jacobs, Pooler, Hall) overturned Armani Cummings’s convictions for murder, conspiracy, and multiple drugs and firearms offenses. The Court reversed based on violation of the hearsay...more

Mandatory Initial Discovery Pilot: A Game-Changer That Screams Out For Early Case Assessment

by Valorem Law Group LLC on

Parties and lawyers who are content with the long and drawn out slog of civil litigation in federal court are about to get uncomfortable. But those eager for innovation, efficiency and change are rejoicing, “It’s about...more

New Competition Law in Germany

by White & Case LLP on

Today, significant changes to the German Act against Restraints of Competition have entered into effect. This newsletter provides an overview of the most significant aspects of the 9th amendment to the German competition law....more

So Your Business Received a Demand Letter, Now What?

by Ward and Smith, P.A. on

If your business has received a demand letter, I have some good news for you: Your business has not been sued (yet). However, a lawsuit could be in your business's near future....more

Taking Evidence Between Hong Kong and the PRC Just Got Easier

by Kobre & Kim on

A mutual arrangement between Hong Kong and China to take evidence in civil and commercial cases that took effect earlier this year makes it easier for litigants in those jurisdictions to obtain evidence in the other...more

Top Tips for International Travel: Passport Edition

by Planet Depos, LLC on

When it comes to adventuring abroad, it can be a stressful experience for anyone – whether you are a first-time traveler or a seasoned jet setter. With the increase in airport security measures, documentation requirements,...more

Cover All Your Bases in ITC Discovery

by Jones Day on

Certain Access Control Systems and Components Thereof, Inv. No. 337-TA-1016 (May 31, 2017), is a good lesson in covering all your bases. Relying on a non-infringement decision by ALJ Pender, respondents assumed that they did...more

Did This Corporation’s Law Firm Unwittingly Join The Criminal Prosecution Team?

by Allen Matkins on

In Brady v. Maryland, 373 U.S. 83 (1963), the Supreme Court held that the prosecution has a duty under the Fourteenth Amendment’s due process clause to disclose evidence to a criminal defendant. The former Chief Executive...more

CAFC: What a Person of Skill in the Art “Could” Do is Insufficient Evidence to Support Obviousness Finding

Duke University owns US 7,056,712 (‘712), which claims methods of treating a metabolic disorder known as Pompe disease. In particular, ‘712 claims methods of treating Pompe disease using a recombinant human acid...more

Second Circuit Partially Affirms Evidentiary Ruling on Interlocutory Appeal in Decision Illustrating the Importance of...

In United States v. Brown, 16-3468-cr (Leval, Hall, Chin) the Second Circuit affirmed in part and vacated in part via summary order a ruling excluding evidence related to a firearm that had not been identified in the...more

How Do You Prove Damages When Executives Breach A Non-Solicit Provision?

by Zuckerman Spaeder LLP on

In 2011, a group of executives left Horizon Health Corporation for a competitor, Acadia, but they didn’t leave everything behind. Horizon’s president took a “massive, massive amount” of Horizon documents with him on an...more

A “Virtual” Home Is Not a Home: Court Sanctions Plaintiffs for “Reckless Disregard” in Deciding the Proper Forum for Their...

by Orrick - NorCal IP Group on

Usually, one benefit of being a plaintiff is deciding in what forum to pursue litigation. Generally, even a foreign-based plaintiff may pursue litigation in a U.S. forum where a defendant may be found or in which there is a...more

Mission Impossible: Date Blocked in Japan

by Planet Depos, LLC on

The seemingly impossible has happened – you finally land the perfect dates to take your Japanese depositions! The deponents are available, there are no disputes with any of the parties, and you even found a direct, economical...more

Multi-District Litigation Reform and the “Fairness in Class Action Act”

by Foley & Lardner LLP on

In addition to it taking a swipe at class actions, the Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2017 (the “Fairness in Class Action Act”), would lead to multi-district litigation...more

Evidence of Actual Confusion Is Not Determinative in Trademark Infringement Cases

by Bennett Jones LLP on

To succeed in a trademark infringement case, a plaintiff must prove a likelihood of confusion—that a casual consumer would likely be confused into thinking the source of the defendant's products or services is the same as or...more

Preparing for Depositions in Finland! (Updated 2017)

by Planet Depos, LLC on

Finland is an enviable destination for depositions. First of all, there is plenty of coffee! Finns drink more coffee than any other nation in the world. No one will have any issues remaining alert through a deposition in...more

Changing Times: Taking Depositions in Cuba

by Planet Depos, LLC on

It’s time to face facts – the geopolitical landscape is changing. From BREXIT to the election of Donald Trump as the 45th President of the United States, both of which came as a shock to people around the world, it’s...more

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