You may have recently seen press reports about lawyers who filed and submitted papers to the federal district court for the Southern District of New York that included citations to cases and decisions that, as it turned out,...more
Federal law provides a powerful tool for litigants engaged, or about to engage, in litigation in a foreign forum: 28 U.S.C. § 1782. The statute allows discovery in the United States, under the broad US discovery rules, for...more
As the courts continue their efforts to re-open and slowly return to “normal” operations, decisions aimed to these ends are emerging. One such decision was recently issued by a New York state court in a medical malpractice...more
We continue to track the impact of COVID-19 on court operations and parties in civil litigation across the country. As the weeks pass, COVID-19’s impact on civil litigation is becoming more varied, and sometimes is yielding...more
We continue to track the impact of COVID-19 on court operations and parties in civil litigation across the country. (You can read our most recent update here.) Many courts seem to have shifted from the earlier pauses and...more
4/20/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Court Closures ,
Court Schedules ,
Defense Strategies ,
Depositions ,
Discovery ,
Electronic Filing ,
Electronically Stored Information ,
Federal Court Litigation ,
Filing Deadlines ,
Litigation Strategies ,
New Jersey ,
New York ,
Service of Process ,
State Courts ,
Teleconferences ,
Trial Attorneys ,
Videoconference ,
Virtual Meetings
We continue to track the impact of COVID-19 on court operations and parties in civil litigation across the country. The COVID-19 pandemic continues to slow down most civil cases throughout the United States, and is impacting…...more
We are continuing to track the impact of COVID-19 on courts and parties in civil litigation across the country. Many courts have moved to restrict certain filings in civil litigation, whether by…...more
Courts and parties across the country continue to figure out how to move civil litigation forward in pending matters given the current pandemic. As discussed in our prior updates, federal and state courts continue to take…...more
3/25/2020
/ Depositions ,
Discovery ,
Discovery Disputes ,
Evidence ,
Federal Court Litigation ,
Litigation Strategies ,
Pending Litigation ,
State and Local Government ,
Trial Preparation ,
Uniform Standards ,
Witness Preparation
At the end of 2019, the Second Circuit finally weighed in on an issue that has divided federal courts considering applications for discovery pursuant to 28 U.S.C. § 1782, through which a litigant can obtain an order from a...more
2/10/2020
/ 28 U.S.C. § 1782 ,
Discovery ,
Document Productions ,
e-Discovery ,
Electronically Stored Information ,
Evidence ,
Extraterritoriality Rules ,
Federal Rules of Civil Procedure ,
Foreign Jurisdictions ,
International Litigation ,
Litigation Strategies
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
1/27/2020
/ AEO ,
Confidential Communications ,
Confidential Documents ,
Depositions ,
Discovery ,
Discovery Disputes ,
Google ,
Litigation Strategies ,
Sanctions ,
Sensitive Business Information ,
Testimony
In a much-anticipated opinion, Judge George B. Daniels of the United States District Court for the Southern District of New York recently affirmed the decision of a magistrate judge regarding the scope of discovery in aid of...more
12/3/2019
/ 28 U.S.C. § 1782 ,
Attorney-Client Privilege ,
Confidentiality Policies ,
Discovery ,
Discovery Disputes ,
Evidence ,
Extraterritoriality Rules ,
International Litigation ,
Litigation Strategies ,
Motion to Dismiss ,
Russia