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Dechert LLP

Bankruptcy Court Approves Service of Subpoenas Via Email and Twitter

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In the Chapter 15 case of Three Arrows Capital, Ltd., the Bankruptcy Court for the Southern District of New York recently held that Rule 45 of the Federal Rule of Civil Procedure (“Rule 45”) authorizes service of subpoenas to...more

Butler Snow LLP

Practicing Before the U.S. Supreme Court | Kannon Shanmugam | Texas Appellate Law Podcast

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For many attorneys, the prospect of a U.S. Supreme Court argument serves as the capstone of a legal career. But for a select few, like Kannon Shanmugam, chair of Paul Weiss’s Supreme Court and Appellate Practice Group,...more

Jones Day

ITC Updates Its Rules of Practice and Procedure

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Late last week, the International Trade Commission (“ITC”) finalized changes to its rules, which changes were first proposed in late 2015. The new rules are expected to be published in the Federal Register in early May 2018...more

Robins Kaplan LLP

SCOTUS Implements New Electronic Filing Guidelines

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At long last, the Supreme Court of the United States has joined the rest of the federal court system in adopting electronic filing. As of November 13, 2017, attorneys filing documents with the Court must submit their...more

Proskauer - Minding Your Business

The Supreme Court Enters the Digital Age

Electronic filing is coming to the U.S. Supreme Court! Effective November 13, 2017, amendments to the Supreme Court’s rules take effect that require represented parties (and their amici) to submit petitions, briefs, and most...more

Cozen O'Connor

The Expert Report: Key Considerations

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Product liability cases often present challenging and complex issues which require the use of experts. If you are litigating in federal court, any expert you designate will be required to provide a written report. ...more

Troutman Pepper

Why Courts Should Not Go 'Over and Above' the Federal Rules to Impose Sanctions for Loss of ESI

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A recent case offers a cautionary tale of how courts may cite to the requirements of amended Federal Rule of Civil Procedure 37(e), which governs imposing sanctions for failure to preserve electronically stored information...more

Shumaker, Loop & Kendrick, LLP

Client Alert: New TTAB Rule Changes Take Effect in 2017

The Trademark Trial and Appeal Board (TTAB), which decides issues of trademark registrability, recently sought comments regarding certain rule changes to the TTAB Rules of Practice. On October 7, 2016, the U.S. Patent and...more

Miles & Stockbridge P.C.

Supreme Court Amends Federal Rules of Civil Procedure to Shorten Most Litigation Deadlines

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It’s a nightmare common to new and old lawyers alike: a litigator awakens in the middle of the night, panicked that she has blown a deadline on a motion filed against her client a few weeks ago in federal court. She looks at...more

Troutman Pepper

A Framework for Applying Proportionality in E-Discovery: The Sedona Conference Principles

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The principles provide a useful framework for the application of proportionality to preservation, as well as practical guidance for negotiating the scope of discovery. The Sedona Conference — a research and educational...more

Butler Snow LLP

It’s a Trap!! – Be Careful When Crafting Your Rule 68 Offers of Judgment

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Federal Rule of Civil Procedure 68 presents a valuable settlement tool for defense attorneys. Specifically, it allows the defendant to make a pre-trial offer of judgment on specified terms, and provides for the recovery of...more

Davis Wright Tremaine LLP

The 2016 Amendments to the Federal Rules of Civil Procedure: Eliminating the Three-Day Rule for Electronic Service

On December 1, 2016, absent congressional action, new amendments to the Federal Rules of Civil Procedure will take effect, amending Rules 4, 6, and 82. (See At-A-Glance Summary, infra.) While these changes seem mostly...more

Mintz - Intellectual Property Viewpoints

District Court Finds General Description of Trade Secret Sufficient to Satisfy Pleading Standard under Defend Trade Secrets Act

An important question for any plaintiff alleging trade secret misappropriation is: “How much detail should I provide about the stolen trade secrets in the complaint?” Answering this question often requires the balancing of...more

Blank Rome LLP

E-Discovery Search Methodology Cannot Be Forced Upon Producing Party

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Action Item: Companies and individuals involved in litigation that includes e-discovery, should be aware of a decision last week by Magistrate Andrew J. Peck, whose e-discovery decisions are well-regarded in the legal...more

McGuireWoods LLP

E-Discovery Update: Proportionality for Lawyers

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Proportionality is not limited to Einstein’s equations and banter on The Big Bang Theory. The December 2015 amendments to the Federal Rules of Civil Procedure moved proportionality from Rule 26(b)(2)(C)(iii), which required a...more

McGuireWoods LLP

E-Discovery Update: Changes to Rule 37’s Failure-to-Preserve-ESI Sanctions Impact Recent Rulings

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For years, companies have battled different sanction standards for the failure to preserve documents. This led to over-preservation, where, to avoid accusations of “negligent” failure, companies preserved every shred of...more

McGuireWoods LLP

E-Discovery Update: Jury Still Out on Whether New Federal Rules Will Significantly Impact Discovery

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As noted in our December e-discovery update, the much-discussed amendments to the Federal Rules of Civil Procedure became effective December 1, 2015. One of the most notable amendments was the limitation on the scope of...more

Skadden, Arps, Slate, Meagher & Flom LLP

"2015-16 Supreme Court Update"

In its current term, the U.S. Supreme Court is once again poised to address a range of disputes relevant to businesses. These include significant constitutional issues, class action practice and other procedural matters, and...more

Burr & Forman

Federal Court Awards Sanctions Against the Filer of Improper Rule 11 Motion

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Be careful what you wish for. That was the message Middle District of Florida Judge Carlos Mendoza delivered in Claudet v. First Federal Credit Control, Inc., 14-CV-2068  (M.D. Fla. Nov. 17, 2015) to the filer of an improper...more

Moore & Van Allen PLLC

Amendments to Federal Civil Rules Governing Discovery and Preservation of ESI Set to Take Effect December 1, 2015

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The course of federal civil litigation will take a turn on December 1, 2015, with pending amendments to several rules governing discovery, case management, and the preservation of electronically stored information (“ESI”) set...more

BakerHostetler

Day 2: Your First Five Questions (times four): A Practical Guide to the Amended Federal Rules of Civil Procedure – Early Case...

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The current amended Federal Rules of Civil Procedure—and, in particular, those that address the practice of civil discovery—are the product of five years of development, debate, and, of course, dialogue. Now that the Rules...more

Mintz - Intellectual Property Viewpoints

U.S. International Trade Commission Publishes Proposed Changes to Procedural Rules of Practice

The International Trade Commission proposed a series of new procedural rules, which were published in the Federal Register on September 24, 2015. This blog post provides a summary of the more notable proposed changes to the...more

Polsinelli

Respond with Caution! Responses to Discovery "Subject to the Stated Objections" May Waive Your Client's Objections

Polsinelli on

A growing number of federal courts have confirmed that the once-common discovery practice of asserting an objection followed by a bare "conditional" response, i.e., stating that "Subject to and without waiving the stated...more

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