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Breach of Contract › Litigation Strategies › Discovery

EDRM - Electronic Discovery Reference Model

An ESI Protocol Saved the Day for the Discovering Party

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In Pincus Law Grp PLLC v. MJ Connections, Inc., 2025 WL 1070384 (E.D.N.Y. Apr. 9, 2025), the court ruled in favor of a discovering party and ordered reproduction of previously-produced documents under the terms of an ESI...more

Zelle LLP

When a Plaintiff’s Counsel Thinks His Client is Dead and then Alive Again – Believe Him but Seek Sanctions

Zelle LLP on

In Michael Mitchell v. USAA General Indemnity Company, No. 09-23-00042-CV, 2025 WL 635235 (Tex. App.—Beaumont Feb. 27, 2025, no pet.), the appellate court affirmed dismissal of all Plaintiff’s claims with prejudice, finding...more

Fox Rothschild LLP

A Corporate “One Man Band” Might be a Lonely Road, but the Company is Not Always a Puppet

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Matthew Bagley worked for a claims adjustment firm in Louisiana as its claims manager for nearly three years before resigning to, allegedly, improperly compete against his former employer, M.D. Claims Group. In M.D. Claims...more

Farrell Fritz, P.C.

A Cautious Reminder When Responding to a Rule 19-a Statement of Material Facts on a Motion for Summary Judgment

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Although discretionary, it is well-known among commercial practitioners that the Commercial Division justices generally like a Rule 19-a statement of material facts included with the submission of a summary judgment motion....more

Foley & Lardner LLP

Litigation Avoidance, Part I: Balancing the Time and Expense of Discovery to Achieve Better Outcomes

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We understand. The other party to your contract breached your deal, acted in bad faith, and cost you money and your business reputation. It’s personal; you trusted them, and they abused your trust. You want to sue them...more

Esquire Deposition Solutions, LLC

Technology Is No Substitute for Careful Planning of International Depositions

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No doubt remote deposition technology is compelling. Not only can remote depositions lower litigation spending and free up valuable attorney hours, they offer litigators the ability to efficiently depose witnesses located...more

Freeman Law

Texas Law Update: Statute of Limitations, the Discovery Rule, and Fraudulent Concealment

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On January 13, 2023, the Texas Supreme Court issued its opinion in Marcus & Millichap Real Estate Investment Services of Nevada, Inc. v. Triex Texas Holdings, LLC, __ S.W.3d __, 2023 WL __ (Tex. Jan. 13, 2023) (per curiam)...more

Farrell Fritz, P.C.

First Department Protective of High-Frequency Trading Algorithm: Considerations in Handling Discovery Requests for Propriety Code,...

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As we continue to see increased litigation over electronic programs, apps, and algorithms, courts are increasingly called to consider discovery requests for the coding behind that technology.  These requests highlight the...more

Gray Reed

Texas Anti-SLAPP Law: The Expanding Scope of the Texas Citizen’s Participation Act – Part 3

Gray Reed on

The basics of the Texas Anti-SLAPP law In part three we are going to deep dive into a specific case that has garnered a lot of attention-Schlumberger v. Rutherford which is currently on appeal to the Houston Court of...more

Blake, Cassels & Graydon LLP

Litigation and Dispute Resolution in Canada

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This Guide provides an introduction to Canada’s civil litigation and dispute resolution system. It describes the procedures followed in Canada’s civil courts and administrative tribunals, and discusses alternatives to dispute...more

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