News & Analysis as of

Protective Orders

Brunswick Rail Wins Emergency Evidence Protection in Trade Secret Case Against Former Employees

by Zapproved Inc. on

OOO Brunswick Rail Mgmt. v. Sultanov, No. 5:17-cv-00017-EJD, 2017 U.S. Dist. LEXIS 2343 (N.D. Cal. Jan. 6, 2017). The court partially granted the plaintiff, OOO Brunswick Rail Mgmt., a motion for emergency evidence...more

UPS avoids undue burden in Solo v. UPS e-discovery case

by Zapproved Inc. on

Solo v. United Parcel Serv (UPS). Co., No. 14-12719, 2017 U.S. Dist. LEXIS 3275 (E.D. Mich. Jan. 10, 2017). The court denied the full extent of the data that the plaintiff, Joe Solo, requested in its motion to compel,...more

Virginia Supreme Court Denies Expansion of Public Policy Exception for Wrongful Termination Claims

by Littler on

The Supreme Court of Virginia, in Francis v. National Accrediting Commission of Career Arts & Sciences, Inc., No. 160267 (Feb. 23, 2017), reaffirmed that the public policy exception to Virginia’s employment at-will doctrine...more

Defendant Ordered to Reproduce ESI in Native Format, As Originally Requested by Plaintiffs: eDiscovery Case Law

by CloudNine on

In Morgan Hill Concerned Parents Assoc. v. California Dept. of Education, No. 2:11-cv-3471 KJM AC (E.D. Cal. Feb. 2, 2017), California Magistrate Judge Allison Claire granted the plaintiffs’ motion to compel the defendant to...more

Bieber, Beer, and… Protective Orders

by Butler Snow LLP on

On February 8, 2017, pop star Justin Bieber was scheduled to be deposed in Santa Monica, California. Lawyers traveled from Nashville to California for the deposition, but upon arrival they were informed Bieber was too ill to...more

Court Rules That Proportionality And Cooperation Are Essential In Resolving E-Discovery Disputes

by Jackson Lewis P.C. on

Magistrate Judge R. Steven Whalen agreed with UPS that it did not have to spend six months and $120,000 to recover data stored on backup tapes that may not be relevant to the case if UPS prevails in its efforts to limit the...more

2016 eDiscovery Case Law Year in Review, Part 1

by CloudNine on

It’s that time again! Time for our annual review of eDiscovery case law! Once again, we had plenty of sanctions granted and denied, as well as disputes over admissibility of electronically stored information (ESI) and even...more

Protective Order Dispute Is Resolved

by Morris James LLP on

Fallon, M.J. Court resolves protective order dispute. The dispute centers on what information may be disclosed to foreign counsel in non-US counterpart litigation. The magistrate previously asked the parties to be...more

Colorado Supreme Court Ruling May Result in Disclosure of Trade Secrets

by Fisher Phillips on

Earlier this month, the Colorado Supreme Court ruled that a party in litigation seeking to prevent responsive discoverable information from disclosure under a protective order must first demonstrate that the information in...more

District Court Orders Modification of Protective Order to Allow Plaintiff to Use Defendant's Confidential Information in Opposing...

Defendant Baker Hughes Incorporated ("Baker Hughes") filed five inter partes review ("IPR") proceedings before the Patent Trial and Appeal Board ("PTAB") asserting that the plaintiff Lubrizol's patents were invalid because of...more

CPSC Issues Guidance to Encourage the Disclosure of Relevant Consumer Product Safety Information in Private Litigation

by Kelley Drye & Warren LLP on

On November 29, 2016, the Consumer Product Safety Commission (CPSC) published guidance for private litigants when drafting protective orders, confidentiality agreements, and settlement agreements in litigation related to...more

Protecting In-House Counsel From Having To Be Deposed

by Brooks Pierce on

There a probably few things in legal practice as annoying as getting a Notice of Deposition for your client's in-house counsel. Are you willing to pursue a Motion for a Protective Order to prevent the deposition? ...more

Defending parallel proceedings: key considerations and best practices

by DLA Piper on

Parallel proceedings refer to two or more concurrent investigations or litigations arising out of a common set of facts. These proceedings can involve any combination of criminal, civil, or administrative authorities, as well...more

Your Stipulated Protective Order May Not Provide As Much Protection As You Expect

by Latham & Watkins LLP on

In a growing number of courts, a negotiated protective order entered for discovery purposes will not protect litigants’ confidential information from public disclosure. Stipulated protective orders are commonly used...more

District Court Refuses to Amend Protective Order to Permit Expert, Who Was Former Employee of Competitor, to Review Confidential...

In this patent infringement action, the defendant, High 5 Games ("High 5"), moved for an order overruling the plaintiff's, Konami Gaming, Inc. ("Konami"), objection to an expert witness viewing confidential information. In...more

New TTAB Rules Coming in January 2017

The USPTO has amended the rules for TTAB proceedings. A Notice of Final Rulemaking was published in the Federal Register on October 7, 2016. The effective date of the amended rules is January 14, 2017. ...more

Proposed Rule Would Promote Sealing New York Commercial Division Records Containing Sensitive Business Information

by Kelley Drye & Warren LLP on

The heavy burden of persuading the Commercial Division of New York State Supreme Court to seal court records containing sensitive business information could be eased under a proposed new rule. In releasing the new rule for...more

The Sixth Circuit’s Continued Scrutiny of Sealing Decisions

We wrote here previously regarding the Sixth Circuit’s decision in Shane Group v. Blue Cross Blue Shield of Michigan vacating a class action settlement because the district court improperly refused to unseal the parties’...more

IVC Filter Litigation – Judge says no to Protective Order

Plaintiffs in a Multi District Litigation (“MDL”) filed complaints against Cook Medical Inc. (“Cook”) and alleges that Cook knowingly presented false information regarding the safety profile of its IVC filters to physician...more

Don’t Assume A Strong Discovery Protective Order Means Your Client’s Confidential Information Will Not End Up in the Public Record

by Butler Snow LLP on

The scenario is pretty common. A company is served with a subpoena duces tecum in a lawsuit to which it isn’t a party. Among the categories of documents requested are some that clearly include information the non-party...more

Protecting Your Client's President From Having To Be Deposed: NC Business Court

by Brooks Pierce on

You have probably been in this situation. Your client is a successful corporate entity, maybe publicly held. You are defending the entity in a lawsuit and you receive a Notice of Deposition for the CEO of your client. The...more

District Court Denies Request to Preclude Defendant from Sharing Confidential Information of Plaintiff with PTAB as part of Inter...

In this patent infringement action between Ultratec and CaptionCall, CaptionCall filed a motion for relief from the stipulated protective order in order to use confidential commercial information from Ultratec (the...more

Use of Rule 45 Subpoenas in TTAB Proceedings

by McDermott Will & Emery on

The US Court of Appeals for the 10th Circuit clarified the proper discovery procedures for a Rule 45 subpoena to compel a nonparty to produce documents in a trademark dispute before the US Patent and Trademark Office (PTO)...more

Sixth Circuit Denies Seal of Approval for Unjustified Filings Under Seal

by Butler Snow LLP on

Litigants and third parties subpoenaed to produce information in litigation who believe that information that they deem confidential will not ever become part of the public record so long as a discovery protective order is in...more

More Mach Mining: Court Denies The EEOC’s Motion For Reconsideration Of Discovery Order

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In the remand of the high profile Mach Mining litigation that was before the Supreme Court in 2015, a district court denied the EEOC’s motion for reconsideration of a discovery order pertaining to the scope...more

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Cybersecurity

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