News & Analysis as of

Sanctions Litigation Strategies

Esquire Deposition Solutions, LLC

The Power of Depositions

Dismissal of a lawsuit is a rare sanction for a discovery violation, but it happened recently in a workplace discrimination lawsuit, due in large part to two probing depositions that called into question one party’s assertion...more

Irwin IP LLP

Sanctions for Attorney Misconduct at a Dep: Fact or Fiction?

Irwin IP LLP on

James Corey Goode, et al v. Roger Richards Ramsaur, et al, (D. Col. 2023) - Few litigation events cause tempers to flare as surely as depositions, but only once in a blue moon, it seems, will a Court take action against an...more

Farrell Fritz, P.C.

Discovery Sanctions Alert: Failure to Include Withheld Items on Privilege Log Lands Party in Hot Water

Farrell Fritz, P.C. on

Commercial Division Rule 11-b governs a party’s obligation to produce a log of documents withheld on the basis of privilege.  Enacted in 2014, Rule 11-b substantially streamlines the privilege log process by encouraging...more

Nelson Mullins Riley & Scarborough LLP

Default Judgment Sanction Against Defendants for Failure to Produce Slack Messages

In Red Wolf Energy Trading, LLC v. BIA Capital Management, LLC, Gregory V. Moeller, Growthworks, LLC, Michael Harradon, and Jon Moeller, the United States District Court for the District of Massachusetts entered a default...more

Esquire Deposition Solutions, LLC

The High Price of Failing to Appear for Deposition

The necessity to advance civil litigation during the COVID-19 pandemic remains a challenge for counsel, even as positivity and death rates are falling across the United States. Litigators are juggling client meetings, court...more

Seyfarth Shaw LLP

New York Court Issues Sanctions For Overuse of “Attorneys’ Eyes Only” Designations

Seyfarth Shaw LLP on

A recent decision from a New York state court should serve as a warning to parties litigating in New York: if you over-designate documents “Attorneys’ Eyes Only” in discovery, you face the risk of sanctions. The decision was...more

Payne & Fears

Nonparty Discovery in California Arbitration: How to Get What You Want

Payne & Fears on

Opting for arbitration requires attorneys to balance efficiency and procedural protections. The implications of arbitration are something clients certainly have to carefully consider both when drafting arbitration provisions,...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - July 2018

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - June 2018

The 10th edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more

Carlton Fields

Bullet-Point Update: Electronic and Federal Court Discovery Issues for the Week of July 31, 2017

Carlton Fields on

Use this when the other side tries to dig up dirt on your expert. Collett v. GEICO Cas. Co., 2017 WL 3336614 (E.D. La. Aug. 3, 2017) (denying motion to compel expert witness to testify about fraud allegations that had been...more

Carlton Fields

Bullet-Point Update: Electronic and Federal Court Discovery Issues for the Week of July 7, 2017

Carlton Fields on

Cloud Computing - Use this to convince your clients that their cloud storage will be discoverable: PC Connection, Inc. v. Mereos, 2017 WL 1078121 (D. Md. March 22, 2017)(Awarding emergency injunction requiring independent...more

Ervin Cohen & Jessup LLP

An Effective Way to Fight an Objectively Frivolous Lawsuit

An angry client calls: “I have been sued.” But this time, there is absolutely no basis in law or fact for the lawsuit. The client asks: “Can I get the case dismissed and recover my attorney’s fees against the lawyer...more

Akin Gump Strauss Hauer & Feld LLP

IP Newsflash - June 2014

Federal Circuit Upholds Award of Sanctions for a “Frivolous” Patent Lawsuit - On June 5, 2014, the Federal Circuit affirmed the Southern District of New York’s decision to sanction Appellant and its attorneys for...more

Katten Muchin Rosenman LLP

Managing Peer Review Hearings and Litigation

In this presentation: - Overview and recommendations regarding hearing procedures. - Ways to maximize confidentiality and immunity protections under state law, HCQIA and the Patient Safety Act. -...more

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