News & Analysis as of

Notice Requirements Discovery

Marshall Dennehey

Contrary Decisions Highlight Complexity of TCA Claims

Marshall Dennehey on

The New Jersey Appellate Division and the Third Circuit issued two different opinions in regard to the notice requirements pursuant to the New Jersey Tort Claims Act (TCA). Both highlight the complexity of TCA litigation and...more

Reveal

Data Breach Notifications Under GDPR

Reveal on

Data privacy officers (DPOs) and compliance officers are the first responders in the event of a data breach. Like all emergency workers, they must stand at the ready, prepared to jump into decisive action at a moment’s...more

Farrell Fritz, P.C.

NY Practice Tip: Protecting Your Client Against an Improper Notice to Admit

Farrell Fritz, P.C. on

The CPLR 3123 notice to admit can be a useful device in litigation.  Its primary purpose is to expedite a trial by eliminating the necessity of proving a readily admittible fact or matter not in dispute. ...more

Dechert LLP

Ninth Circuit Adopts “Far Simpler” Standard for Title IX Claims: Student’s Case May Proceed to Discovery When Alleged Facts Raise...

Dechert LLP on

Key Takeaways - - The Ninth Circuit’s recent decision in Schwake v. Arizona Board of Regents is the latest to highlight the need for fair process in college and university disciplinary proceedings involving sexual...more

Steptoe & Johnson PLLC

First Look - Summer 2020: Insurance Newsletter

Steptoe & Johnson PLLC on

According to the FBI, “The total cost of insurance fraud (non-health insurance) is estimated to be more than $40 billion per year. That means Insurance Fraud costs the average U.S.family between $400 and $700 per year in the...more

Burr & Forman

Can A Construction Contractor Email Notice of a Claim? Maybe!

Burr & Forman on

A few years ago, I did a post on whether a digital signature in a construction contract was valid. Given the regularity by which parties now communicate by email, it is certainly a subject worth revisiting....more

Proskauer Rose LLP

ERISA Newsletter - First Quarter 2019

Proskauer Rose LLP on

Editor's Overview - We often talk about the importance of evaluating whether there are any procedural obstacles to plaintiffs pursuing their ERISA claims, particularly in complex, class actions where it may not be...more

Dechert LLP

Sweat the Small Stuff: Delaware Court of Chancery Faults Acquirer for Failing to Deliver Notice to Extend End Date

Dechert LLP on

The Delaware Court of Chancery has ruled that an acquirer and target company’s joint efforts to obtain antitrust approval for a merger did not substitute for, or satisfy, the merger agreement’s requirement to send written...more

Foley & Lardner LLP

A Primer: Wisconsin's New Class Action Statute

Foley & Lardner LLP on

The amendment of Wis. Stat. section 803.08, which takes effect July 1, 2018, modernizes and brings needed clarity to class action practice in Wisconsin state courts. Precedent from the federal courts should help guide...more

Proskauer - Minding Your Business

New Rules Tackle Authentication of Electronic Data

On December 1, 2017, two amendments to the Federal Rules of Evidence came into effect that impact how courts authenticate digital evidence. The addition of two categories to Rule 902’s list of self-authenticating documents...more

Farrell Fritz, P.C.

The New Rules Of Federal Evidence Have Arrived

Farrell Fritz, P.C. on

Earlier this year, I wrote about the then-proposed changes to the Federal Rules, and how those changes (if implemented), could impact electronic discovery. (February 15, 2017 blog) Well, the time has come — effective...more

Foley & Lardner LLP

New Federal Rules of Evidence 902(13) and 902(14)

Foley & Lardner LLP on

You’ve got a case headed to trial in a few short months, and among your exhibits are a number of copies of web pages. You know you need to authenticate them to get them into evidence at trial (and also know your judge is...more

Goodwin

Amgen v. Hospira: Court Considers Issues Regarding the Scope of Discovery and the RPS’s Ability to Assert Additional Patents in...

Goodwin on

In a recent hearing held in Amgen v. Hospira, the parties offered arguments on some novel issues relating to litigation under the BPCIA, particularly: - ..Whether a reference product sponsor (“RPS”) can compel a...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - July 2015

In the Context of a Bad Faith Claim, Insurer’s Defense That Coverage Denial Was Reasonable Put at Issue Otherwise Protected Attorney-Client and Work Product Communications - Why it matters: Recognizing the “conflicting...more

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