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Cozen O'Connor

Know Thyself (And Thy Own Discovery Obligations) -- A Case Law Update

Cozen O'Connor on

A recent decision involving a business dispute over the sale of a company illustrates the standard a party must meet to compel designation of an ESI custodian: the judge denied the motion, finding it was the movant’s burden...more

Skadden, Arps, Slate, Meagher & Flom LLP

Premium on Preservation: Recent Delaware Rulings Underscore the Importance of Preserving Documents

Document discovery plays an essential role in litigation. Litigants and courts rely on documentary exhibits, along with witness testimony about such exhibits, to create a trial record. As a result, courts expect that parties...more

Farrell Fritz, P.C.

Updates to Commercial Division Rules Concerning Discovery of ESI

Farrell Fritz, P.C. on

As we approach the 30th Anniversary of New York’s Commercial Division, it’s fair to say that over those 30 years, the Commercial Division has held true to its aim of improving the efficiency and judicial treatment of complex...more

Farrell Fritz, P.C.

A Wave of E-Discovery Change: The Latest Proposal from the Advisory Council

Farrell Fritz, P.C. on

New York’s Commercial Division has continuously taken the lead as an innovative forum, proposing rule changes that are aimed at increasing efficiency and overall effectiveness of the litigation process. ...more

Vinson & Elkins LLP

Document Management: An Ounce of Prevention

Vinson & Elkins LLP on

This note examines the importance of document management as a risk mitigation strategy for corporations and provides a “Top 10 Tips” list for setting up and using a DMS. Be it a company of one or a hundred thousand and one,...more

Farrell Fritz, P.C.

Gull Wing Takes Flight, Pleading Gets Stricken

Farrell Fritz, P.C. on

In litigation, the term “spoliation” generally refers to loss or destruction of evidence. Spoliation can involve physical evidence, paper documents, or electronic data. Spoliation can be intentional or unintentional....more

Mitratech Holdings, Inc

3 More Reasons for Adopting a SaaS Legal Hold Solution?

In a previous post, we explored three big reasons to move away from old-school, manual legal hold processes into the excitingly efficient new realm of SaaS legal hold solutions....more

Farrell Fritz, P.C.

Technology-Enabled Courtrooms Coming to the Commercial Division

Farrell Fritz, P.C. on

Tired of printing hundreds of thousands of documents and carrying numerous boxes of documents to court? The New York Commercial Division has heard your cry. ...more

Patterson Belknap Webb & Tyler LLP

Stealing Data Without Depriving the Owner of Access Does Not Amount to Conversion

New York recognizes conversion claims based on intangible property, such as electronically stored information or trade secrets.[1] But does a conversion claim exist when the theft of the intangible property does not deprive...more

Morris James LLP

Court Of Chancery Explains Discovery Objections

Morris James LLP on

For some time now, the Court of Chancery has told litigants that objections to documents requests should be specific, not generic and boilerplate. This decision thoroughly addresses the case law on this issue, with numerous...more

K&L Gates LLP

Important Changes in Litigating Oil and Gas Cases in Federal Court: What the 2015 Amendments to the Federal Rules Mean for Oil and...

K&L Gates LLP on

Many oil and gas disputes are litigated in federal court. In recent years, federal litigation has undergone significant changes in discovery practices and rules. For example, with the increase in electronically stored...more

Goodwin

Business Litigation Reporter

Goodwin on

We are pleased to introduce the inaugural issue of Goodwin Procter’s Business Litigation Reporter. This unique publication provides timely summaries of key cases and other developments within dedicated Business Litigation...more

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