Sometimes, an argument or position may seem so self-evident or apparent that parties proceed on the assumption that it is correct without ever actually litigating the issue. Should a party decide to contest the issue,...more
In 2019, I co-authored an article published by the American Bar Association regarding the future of U.S. pretrial discovery involving European Union data following the decision by the United States District Court for the...more
We previously wrote about limited, civil immunity created by North Carolina’s May 4, 2020 COVID-19 Recovery Act (Session Law 2020-3) for three types of businesses: (1) health care facilities and providers, (2) essential...more
We previously wrote about limited products liability immunity for certain companies under the federal PREP Act. Although a number of states have recently enacted legislation or issued executive orders providing limited...more
What Is TAR?
Technology assisted review, or TAR, “uses software that can be trained by a human being to distinguish between relevant and non-relevant documents.”...more
This is Part Two of a series on the perils of redacting non-responsive but sensitive material during pre-trial discovery. In Part One, we focused on cases against non-responsive redactions. In Part Two, we shift to cases...more
We have previously written about the perils of redacting non-responsive but sensitive material during pre-trial discovery in the context of a Wisconsin court’s ruling prohibiting such redactions. IDC Fin. Publ’g, Inc. v....more
In January, I wrote a blog about the landmark case of United States v. Microsoft Corp. pending before the United States Supreme Court. You can read that blog here. The issue before the Court was whether a United States-based...more
The United States Supreme Court recently granted certiorari in the landmark case of United States v. Microsoft Corp. This matter presents the Court with an opportunity to establish new precedent in the field of international...more
1/4/2018
/ Certiorari ,
Discovery ,
Discovery Disputes ,
Electronically Stored Information ,
Email ,
Extraterritoriality Rules ,
Microsoft ,
Popular ,
SCOTUS ,
Search Warrant ,
Stored Communications Act