News & Analysis as of

FRCP 26 Protective Orders

Reveal

Should Mobile Devices be Imaged for eDiscovery? Recent Case Law Provides Insight

Reveal on

Deciding whether mobile devices should be imaged can be difficult when it comes to eDiscovery. They contain a large variety of file-types and data intermingled with a lot of private information, which may be privileged....more

Knobbe Martens

Fundamentals of Document and ESI Discovery

Knobbe Martens on

Preserving Evidence: •“The duty to preserve evidence begins when litigation is ‘pending or reasonably foreseeable.’” Micron Tech., Inc. v. Rambus, Inc., 645 F.3d 1311, 1320 (Fed. Cir. 2011) •“It is, of course, not...more

BakerHostetler

Caution: Sealed Package – There Is More At Risk Than Unsealing

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Parties litigating in courts across the country routinely file some documents under seal as a matter of course. Sealing filed documents often is a practical necessity – parties need not disclose certain confidential...more

Fish & Richardson

Wielding a Motion for Protective Order as a Defensive Tool

Fish & Richardson on

Plaintiffs’ requested discovery is always too broad and burdensome, and the information defendants produce are always too narrow and few. This is a common theme across almost every patent case filed in the nation, often...more

Fenwick & West LLP

28 U.S.C. § 1782: A Powerful Tool in Global Disputes

Fenwick & West LLP on

As the number and complexity of cross-border and multi-jurisdictional disputes increase, companies can use 28 U.S.C. § 1782 to obtain evidence from U.S.-based entities for use in those foreign proceedings. Specifically, §...more

McDermott Will & Emery

Modification of Protective Orders to Permit Use of Discovery Material in Foreign Litigation Must Consider 28 U.S.C. § 1782 Factors...

McDermott Will & Emery on

The U.S. Court of Appeals for the Federal Circuit vacated an order modifying a protective order to allow the use of confidential discovery material in foreign litigation, explaining that courts facing such questions must...more

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