Meet and Confer

News & Analysis as of

Third Circuit Rejects Contractor’s Challenge To Arbitral Jurisdiction Based On Failure To Comply With Agreement’s Procedural...

The Third Circuit affirmed a lower court’s ruling against a contractor challenging an arbitrator’s authority in ordering payment of delinquent contributions to employee benefit funds. Plaintiff (“Nolt”) signed a Project Labor...more

Revised California Rules Intended to Streamline Demurrer Process With New Meet-And-Confer Requirements

California courts are tired of hearing your demurrers, and now the state has done something about it. Code of Civil Procedure Section 430.41, which went into effect on January 1, 2016, now requires a meet-and-confer process...more

Know Before You Go. Know Your Data, That Is.

You’re a seasoned litigator. You’re familiar with your current matter, and you’re prepared for the first meet-and-confer. You have a list of keywords you feel covers all of the important aspects of the case. Your...more

Is An Offset Allowed For Amounts Unrelated To The Claim Asserted?

The plaintiffs in Brace Industrial Contracting v. Peterson Enterprises (Del. Ch. Dec. 10, 2015) moved for partial summary judgment on the issue of whether the defendants could “self-help themselves to $3.457 million of the...more

E-Discovery Metrics: Measuring to Predict

Metrics. The word alone sends chills down the spine of most attorneys. But metrics – defined as a standard for measuring something usually with figures or statistics – are often the best way to get to the heart of the most...more

Farstone v. Apple: With "far too many disputes," Court orders face-to-face meet and confer to resolve motion to compel

Apple filed a motion to compel discovery from Farstone Technology, Inc. ("Farstone") by way of a Joint Stipulation as required by the court's local rules. After the court reviewed the joint stipulation, it found that there...more

When a Picture is Not Enough: Specificity of Infringement Contentions

Order Requiring Parties to Meet and Confer Regarding Infringement Contentions, Monolithic Power Systems, Inc. v. Silergy Corporation, et al., 14-cv-01745 (Magistrate Judge Westmore) - The cliché that “a picture is...more

Looking Back on 2014: The 7 Most Important eDiscovery Cases in Delaware – Part 2

The second case is 112359 Factor Fund, LLC and Five Nine Group, LLC v. Flux Carbon Starter Fund, LLC, Mary Carroll, Kevin Kreisler, and James L. Sonageri, C.A. No. 9568–VCL, Telephonic Oral Argument on Plaintiffs’ Motion to...more

Judge Sullivan orders counsel and attorneys to meet and confer regarding discovery disputes for at least 4 hours at the...

Joao Control & Monitoring Systems, LLC v. City of Yonkers, et al. Case Number: 1:12-cv-07734-RJS - Following receipt of a joint letter from the parties concerning a discovery dispute, Judge Sullivan...more

Parties Must “Meet and Confer” Before Requesting Conference Call

Metrics, Inc. v. Senju Pharmaceutical Co., Ltd. - In an order involving two related inter partes reviews (IPRs), the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB or the Board) denied a patent...more

Be Careful What You Ask For – Reasonableness in E-Discovery Meet and Confer and Motion Practice

Most corporate litigants are aware of the meet and confer requirement applicable to discovery disputes. Before a party files a motion seeking discovery that the other side will not provide, courts expect the attorneys for...more

Draft Guidance Outlines Recommendations for Formal Meetings Between FDA and Biosimilar Sponsors and Applicants

The U.S. Food and Drug Administration (FDA) recently released the fourth in a series of draft guidance documents on the approval pathway for biologicals that are biosimilar to or interchangeable with a reference biological...more

Negotiating the Enforcement Maze: A CFPB Civil Investigative Demand

The Consumer Financial Protection Bureau (CFPB or Bureau), through its Office of Enforcement, may conduct inquiries of institutions or persons to investigate compliance with the federal consumer financial laws for which it is...more

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