Protective Orders

News & Analysis as of

What to Do If Your Client Dies

You’re litigating a case and your client dies. What do you do? What are your ethical obligations? One of the first questions you have to ask yourself when you client dies is, “who is my client now?” The answer is...more

Concerns over the effectiveness of safeguards designed to prevent evidence from one proceeding being used against the witness in...

The concerns about the effectiveness of protective orders raised in Catalyst Fund General Partner I Inc. v Hollinger Inc., [2005] OJ No 2191 (SCJ), aff’d [2005] OJ No 4666 (CA) were also central to a recent decision of...more

Quality Control Is Job 1

In January, U.S. Magistrate Judge Paul S. Grewal sanctioned Samsung and its law firm for a series of violations involving the disclosure of a document containing confidential information in contravention of the court’s...more

GPNE v. Apple: Court Precludes Retention of Experts Where Expert Had Consulted for Apple's Competitors

Plaintiff GPNE Corporation ("GPNE") filed a patent infringement action against Apple. As part of its case, GPNE wanted to retain two experts, Ghobad Heidari and Kamran Etemad, and Apple objected for two reasons. First, as...more

NC Business Court Puts Teeth In Protective Order

I've never thought much about the consequences of the violation of a Protective Order. In fact, before last week's Business Court ruling in Out of the Box Developers, LLC v. Logicbit Corp., 2014 NCBC 7, no North Carolina...more

Judge Sweet Orders One-Level, AEO, Protective Order

Case Number: 1:13-cv-00746-RWS (Dkt. 29) - Judge Sweet ordered that the parties adopt a protective order having one level, in which no documents may be shared with a party’s designees without a request to the producer...more

Board will not Keep Highly Confidential Documents out of In-House Counsel’s Hands

In Amneal Pharmaceuticals LLC v, Supernus Pharmaceuticals, Inc., IPR2013-00372, Paper 33 (March 7, 2014), the Board rejected Supernus proposed protective order which sought to create a category of highly confidential...more

Serving Privilege Log After Denial of Protective Order

In this insurance case, the trial court denied State Farm’s motion for protective order. On Appeal, State Farm argued that the trial court should have conducted an in-camera review or addressed the objections to the...more

Apple v. Samsung Sanction Decision: the Bark Is Worse Than the Bite as Apple and Nokia Overreach in Their Request for Sanctions

To resolve Apple and Nokia's request for sanctions against Samsung from Samsung's violation of a protective order, the court ordered written discovery and depositions to determine the extent of the violation. After discovery...more

Apple v. Samsung: Samsung's Request for Stay of Discovery Orders Denied Where Magistrate Judge Made No Ruling on Privilege Issues...

As a result of Samsung's alleged violation of the protective order, Magistrate Judge Grewal previously ordered Samsung to produce to Apple emails and communications by Samsung employees that would shed light on the scope of...more

Strategies In Class Action Engagement: Special Discovery Requirements

This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. It begins our discussion of aspects of discovery unique to class...more

Plaintiff Entitled To Employer’s Customers’ Addresses, District Of New Jersey Holds

In Griff v. GalaxE Solutions, Inc., 2013 WL 2242656 (D.N.J. May 21, 2013), the New Jersey District Court rejected an employer’s attempt to withhold disclosure to the plaintiff of the business addresses of several of its...more

New Remedies For Cyberbullying In Nova Scotia

Provisions of the Nova Scotia Cyber-safety Act came into force today, as announced by the Minister of Justice of Nova Scotia....more

Guide for International Counsel: US Pre-Trial Discovery in Europe - July 2013 (Version 1)

Globalization and international trade bring European corporations and affiliates into contact with US markets. This may lead to US litigation, which differs significantly from litigation in most other countries of the world....more

Plaintiff's Rights Regarding an Independent Medical Examination

When plaintiff receives a demand for a physical examination he or she have 20 days after the service of the demand to serve their response. More likely than not, plaintiff counsel is going to allow the plaintiff to submit to...more

U.S. International Trade Commission Publishes Rules of General Application and Adjudication and Enforcement Effective May 20, 2013

On April 19, 2013, the U.S. International Trade Commission (“Commission”) published final Rules of General Application and Adjudication and Enforcement (78 Fed. Reg. 23474-82), which become effective on May 20, 2013. The...more

Top 5 Ediscovery Case Summaries – April 2013: New Jersey - Court Denies Motion for Protective Order, Cost-Shifting

Juster Acquisition Co., LLC v. N. Hudson Sewerage Auth., 2013 WL 541972 (D.N.J. Feb. 11, 2013). In this case, the defendant motioned for a protective order with regard to sixty-seven allegedly overboard search terms...more

Court Reporters And Legal Videographers – Designation Of Transcripts

In complex litigation, and particularly trademark, patent litigation, court reporters often are asked to designate portions of transcripts as CONFIDENTIAL and/or ATTORNEYS’ EYES ONLY. The procedure to take out the...more

BaZynga!

Free-to-play games are all the rage these days. Many people while away their days playing Angry Birds, or Words with Friends before going home to watch Monday Night Football. Nerds — and, increasingly, “normal people” — do...more

Product Liability Advisory - August/September 2012: Protecting Trade Secrets and Confidential Information in Product Liability...

Companies in product liability litigation often request Fed. R. Civ. P. 26(c) protective orders in order to protect their trade secrets and confidential information from being leaked to the public. When a protective order is...more

20 Results
|
View per page
Page: of 1