News & Analysis as of

Electronic Discovery Civil Procedure Alternative Dispute Resolution (ADR)

Read Electronic Discovery updates, articles, and commentary from leading lawyers, law firms, and legal consultants:

Golf, the Commercial Division, and Expert Disclosure: No Sandbaggers Allowed!

by Farrell Fritz, P.C. on

Several weeks ago, we reviewed some of the newer Commercial Division Rules and reported on a couple recent decisions from Justice Shirley Werner Korneich of the Manhattan Commercial Division applying one of those Rules, Rule...more

Discovery Referees in Complex Litigation

by JAMS on

It’s no secret that over the past several years the California judiciary has suffered deep budget cuts, especially to the state’s civil courts. According to California’s Judicial Council, there are 189 fewer judges than...more

[Event] Continuing Legal Education and Chicago Cubs Rooftop Event - August 11th, Chicago, Illinois

by Freeborn & Peters LLP on

Join Freeborn & Peters LLP for an afternoon of Continuing Legal Education classes followed by an evening of baseball hosted by the firm's Litigation Practice Group....more

Disclosure in a digital age – How reforms and technology can reduce the costs of disclosure in arbitration and court

by Reed Smith on

Managing the cost of litigation to business remains one of the toughest issues confronting any lawyer today. As the challenge of keeping costs proportionate seemingly gets more difficult by the day, we consider the impact of...more

AGG Litigation Insights Newsletter - Winter 2016

by Arnall Golden Gregory LLP on

Mock jury exercises, focus groups, and jury research are well-established tools that inform trial strategy and guide counsel and their clients to make educated decisions about their case. But the field is changing. ...more

AAA Issues Revised Rules for Arbitration in Construction Industry Disputes

The American Arbitration Association recently updated its Construction Industry Arbitration Rules and Mediation Procedures, effective July 1, 2015. There are six new rules, some of which are borrowed from litigation...more

FINRA Panel Precludes Evidence & Awards Punitives as Discovery Sanction

by Burr & Forman on

An all-public panel of FINRA arbitrators entered a preclusion order and awarded $750,000 in punitive damages for Respondents’ failure to participate in discovery and disregard of pre-hearing filing requirements....more

In re Application of Owl Shipping: Does § 1782 permit discovery to aid foreign arbitral proceedings?

by BakerHostetler on

The District of New Jersey has issued a recent opinion highlighting a potential resource for parties engaged in foreign arbitral proceedings – the use of 28 U.S.C. § 1782, which allows parties engaged in foreign proceedings...more

FINRA Issues Guidance Notice on Confidentiality Provisions in Settlement Agreements and the Arbitration Discovery Process

In Regulatory Notice 14-40, FINRA reminds members that it is a violation of FINRA Rule 2010 (Standards of Commercial Honor and Principles of Trade) to incorporate into a settlement agreement a confidentiality provision...more

Want to Arbitrate Employee Disputes? Keep Your Paperwork!

by Foley & Lardner LLP on

Arbitration agreements, and their use as a means to avoid class action disputes in particular, have been repeat news items in the last several years, and many companies continue to consider their use as a means to mitigate...more

Confidentiality & Sealing Orders in Software Disputes

by Field Law on

Two software companies wanted to integrate their software products. The relationship soured and one of the parties - McHenry - purported to terminate the Software Licensing and Development Agreement and then launched a...more

E-Discovery Neutrals – Four Questions

by JAMS on

As electronic discovery issues permeate all kinds and sizes of litigation and arbitration, there are a minimum of four questions counsel should, and judicial officers might, consider in determining whether use of an...more

Expanded Use of Special Masters

by JAMS on

During the last 10 years, we have witnessed expanded and more complex caseloads in both the federal and state court systems. Due to the proliferation of issues, which are beyond the scope of traditional courts, in areas...more

Special Masters In A Transformative Legal Age

by JAMS on

At both the state and federal levels, our judicial system has been impacted by three significant developments. First, for a number of reasons, most importantly economic, there is an inadequate number of sitting judges dealing...more

FINRA Revises Definition of Public Arbitrator and Proposes Changes to Discovery Guide Concerning Electronic Documents

by Wilson Elser on

The Financial Industry Regulatory Authority (FINRA), which provides the arbitration forum for resolving disputes between securities firms and customers, recently announced changes to the arbitrator selection process and...more

eDiscovery: The View From Singapore

by Foley & Lardner LLP on

The Singaporean government has adopted aggressive measures to become a regional center for dispute resolution and arbitration in areas ranging from intellectual property, to oil and gas arbitration....more

Confessions of an adrenaline addict and trial lawyer

by Melody A. Kramer on

Adrenaline and its effects is the crushing elephant in the room of every courthouse across the country. Lawyers strung out on adrenaline are crowding our courtrooms with lawsuits that never end, disputes that never get...more

Early Neutral Evaluation Gains Popularity

by Lawrence Kolin on

This article originally published in The Briefs magazine of the Orange County Bar Association in Orlando, Florida discusses the Alternative Dispute Resolution technique in litigation known as Early Neutral Evaluation (ENE)...more

E-Discovery Rule Amendments Adopted by Florida Supreme Court

by Lawrence Kolin on

E-discovery rule amendments adopted by Florida Supreme Court This summer, the Supreme Court of Florida finally approved E-discovery rule amendments proposed by The Florida Bar’s Civil Procedure Rules Standing Committee. The...more

ADR Neutrals Can Be Utilized with New ESI Rules

by Lawrence Kolin on

ARTICLE ABSTRACT Changes are coming to existing rules and specifically include amendments to address ESI within Florida Civil Procedure Rules 1.200, 1.201, 1.280, 1.340, 1.350, 1.380 and 1.410 of the Florida Rules of Civil...more

Florida E-Discovery Rules Coming Soon!

by Lawrence Kolin on

This summer, the Florida Bar Civil Rules committee finally approved draft rule amendments of its longstanding E-Discovery subcommittee. The Florida Bar Board of Governors recently gave its blessing to the Expedited Submission...more

Electronic Document Retention And Storage Gives You The Edge In Litigation

by Christopher Burgon on

An article that gives practicle advice on how to prepare for electroic dislosure within civil court proceedings and how to gain an edge in court actions....more

Changes Come to Confidentiality of Florida Court Filings

by Lawrence Kolin on

As the judicial branch transitions toward acquiring, maintaining, and distributing court records electronically, the Supreme Court of Florida has viewed the confidentiality of a narrow set of records as a...more

Are Stipulations Part of Your Discovery Plan?

by Katherine Gallo, Esq. on

A useful tool that is too often overlooked is stipulations. Discovery is a very expensive process, especially in complex cases, but there are ways to streamline the process and be more cost effective. Below are some of the...more

Product Liability Update - August 2009

by Foley Hoag LLP on

IN THIS ISSUE: * Massachusetts Supreme Judicial Court Holds Sale Terms Mandating Individualized Arbitration of Claims Violate Public Policy of Unfair and Deceptive Practices Statute Favoring Classwide Resolution of...more

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