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Disclosure Requirements Litigation Strategies

Association of Certified E-Discovery...

Navigating eDisclosure in the UK: Practice Direction 57AD, Scope, Challenges and a New Era

In October 2022, the UK legal system marked a significant evolution in its approach to disclosure with the implementation of Practice Direction 57AD (PD57AD). This directive, applicable to the Business and Property Courts of...more

Epstein Becker & Green

An Oft-Overlooked Requirement in the N.Y. Commercial Division Rules: The Rule 11-e(d) Statement of Completion

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Effective April 1, 2015, the Commercial Division of the New York State Supreme Court promulgated a series of reforms to the Rules of Practice for the Commercial Division, including the addition of new Rule 11-e, which...more

Rumberger | Kirk

New AI Rule, Old Standard: Proposed Federal Rule of Evidence 707 Aims to Apply Daubert Standard to AI-Generated Evidence

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In response to the rapidly increasing presence of AI-generated outputs in litigation, on June 10, 2025, the U.S. Judicial Conference’s Advisory Committee on Evidence Rules approved for publication for public comment a...more

McDonnell Boehnen Hulbert & Berghoff LLP

AI Hallucination in Legal Cases Remain a Problem

One would think an artificial intelligence company would be sensitized to the risk of AI hallucination in legal citations. One would be wrong. In Concord Music Group, Inc. v. Anthropic PBC, Magistrate Judge Susan Van Keulen...more

McGlinchey Stafford

Litigation Byte (May 2025 Edition)

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Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business....more

Carey Olsen

Freezing injunctions in the Cayman Islands

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The Grand Court of the Cayman Islands (“Cayman Court”) can grant a freezing injunction: • in connection with underlying proceedings brought in the Cayman Islands (whether issued or contemplated); or - • in relation to...more

Flaster Greenberg PC

The Importance of Verifying Your Use of AI for Litigation

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You are handing a case involving millions of pages of documentation, emails, etc., including documentation with sensitive trade secrets and intellectual property. You are under the gun to submit a brief in opposition to a...more

Latham & Watkins LLP

Latest Developments in Fight Over California’s Climate Disclosure Laws

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A preliminary injunction motion is set for May, the judge issued a scheduling order, and CARB announced a public workshop to kick off a rulemaking to implement the laws....more

Bradley Arant Boult Cummings LLP

Understanding the FOIA Process: Submitting, Appealing, and Litigating Requests for Government Records

The Freedom of Information Act (FOIA), enacted in 1966, grants the public the right to access records from any federal agency, promoting transparency and accountability in government. Whether you’re a business owner,...more

Klein Moynihan Turco LLP

Major Crypto Sweepstakes Lawsuit Settlement Announced

Earlier this week, Coinbase and its sweepstakes administrator agreed to the terms of a class action settlement in the matter of Suski v. Coinbase, Inc. After nearly four years of litigation, including a trip to the United...more

Carey Olsen

Freezing injunctions in Bermuda

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The Bermuda Supreme Court has power to grant a freezing injunction and/or a specific order for the detention, custody or preservation of any property which is the subject of a proprietary claim pursuant to section 19(c) of...more

McGuireWoods LLP

Does Disclosing Legal Advice to Financial Advisors Waive Privilege? Part II

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Last week’s Privilege Point described S.D.N.Y. Judge Lewis Liman’s conclusion that a company waived privilege protection for legal advice it received from its counsel by disclosing the advice to its financial advisor China...more

Parker Poe Adams & Bernstein LLP

Court Expands Scope of Private Actions Under California Consumer Privacy Act to Include Pixel Tracking Practices

On March 3, 2025, the U.S. District Court for the Northern District of California issued a significant ruling that has the potential to broaden the risk of liability under the California Consumer Privacy Act (CCPA). ...more

McGlinchey Stafford

Federal Court Finds Causation Lacking on Negligence Claim Under FCRA, But Leaves Door Open on Claim of Willful Violation

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A federal Judge for the United States District Court for the District of Arizona recently granted in part and denied in part a consumer reporting agency’s motion for summary judgment, with respect to claims raised by the...more

Jenner & Block

Microplastics Can Lead to Big Lawsuits

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Microplastics are small plastic particles released from plastic products as they break down over time, and they are present everywhere in the environment . Although there is not yet conclusive scientific evidence...more

A&O Shearman

Medibank class action: navigating the legal privilege maze

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Concerns about claims of legal professional privilege over third-party investigation reports produced in the course of responding to cyberattacks, and the extent to which such reports can be shielded from disclosure in legal...more

Sheppard Mullin Richter & Hampton LLP

Commercial Division Moves Towards Adopting Additional Initial Disclosure Requirements

While the Commercial Division Rules are closer to the Federal Rules of Civil Procedure than any other set of court rules in New York (including the base requirements of the CPLR), they are far from identical. One area where...more

Shook, Hardy & Bacon L.L.P.

A Blockbuster Week for the VPPA—New Releases from the Sixth and Seventh Circuits

Much like Blockbuster Video rental stores (of which you might be surprised to learn there is still one remaining), the Video Privacy Protection Act (VPPA) was quietly slipping into obsolescence with the advent of the Internet...more

Knobbe Martens

Inaction Can Lead To Argument Forfeiture on Appeal

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ALIVECOR, INC. v. APPLE INC. Before Hughes, Linn, and Stark. Appeal from Patent Trial and Appeal Board - A party in a PTAB proceeding forfeits the ability to challenge an opposing party’s discovery obligation violation...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 305: Spotlight on Civil Procedure (Part 2 – Discovery)

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Welcome back to the Bar Exam Toolbox podcast! This is the second of three episodes in which we review the substantive Civil Procedure law we've covered in our "Listen and Learn" series.  This time we're talking about...more

Minerva26

Why Skipping Initial Disclosures Can Cost You the Case

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Litigators, take note—Rule 26(a) is not just a box to check in the early stages of discovery. Failing to comply with its initial disclosure requirements can have disastrous and expensive consequences, as U.S. Bank recently...more

Farrell Fritz, P.C.

Getting Ahead of Discovery: Can Amended Rule 11 Streamline Commercial Litigation?

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Frequent readers of this blog know that we are not shy in acknowledging the Commercial Division’s status as the leading forum for resolving complex business disputes. This reputation can be, in part, largely attributed to the...more

Cooley LLP

In Chamber of Commerce v. CARB, Federal District Court dismisses two claims challenging California’s climate disclosure laws

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As we’ve pointed out before, given the prevailing views on climate disclosure among folks in the new Administration, including the nominee for SEC Chair—and all that portends for the SEC’s climate disclosure regulation—the...more

White & Case LLP

The trend: Driving responsible business

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An accelerating focus on doing business responsibly will force changes to wide-ranging aspects of business operations and strategy - Societal expectations of businesses have shifted fundamentally over the past five years....more

Bass, Berry & Sims PLC

Update on Litigation Timeline of SEC’s Climate Disclosure Rules

We previously blogged about the final climate disclosure rules, and how the Securities and Exchange Commission (SEC) voluntarily stayed implementation of the final rules pending the completion of judicial review of the...more

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