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Evidence Preservation: Handling the Issues in New York and New Jersey
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At the end of 2019, the Second Circuit finally weighed in on an issue that has divided federal courts considering applications for discovery pursuant to 28 U.S.C. § 1782, through which a litigant can obtain an order from a...more
In this age of heightened international enforcement of corporate crime, it is critical that companies be prepared for the possibility that government authorities will employ a variety of investigative techniques to obtain...more
In a much-anticipated opinion, Judge George B. Daniels of the United States District Court for the Southern District of New York recently affirmed the decision of a magistrate judge regarding the scope of discovery in aid of...more
This month, the Second Circuit weighed in on open issues relating to discovery under 28 U.S.C. § 1782. Section 1782 allows federal courts to order entities that “reside[] or [are] found” in their district to produce evidence...more
The UK and the US signed a new data-sharing agreement on 3 October designed to facilitate the exchange of evidence and enhance co-operation between the two countries and their respective investigatory authorities. The first...more
Recent laws—such as the 2016 Sapin 2 Law and the new EU General Data Protection Regulation—provide for rules that are intended to ensure compliance with the French Blocking Statute, which prohibits any French party from...more
Evidence gathering differs greatly between common law and civil law jurisdictions. For example, while a U.S. judge may in many instances allow extensive pretrial discovery, a French judge would generally consider nearly any...more
A dispute in California federal court over whether Google must turn over documents stored overseas in response to a search warrant may have major implications for white collar practitioners and their clients. Last week Google...more
The Supreme Court recently granted certiorari in Life Techs. Corp. v. Promega Corp., 14-1538, to resolve: “[w]hether a supplier can be held liable for providing ‘all or a substantial portion of the components of a patented...more