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Disclosure Evidence

EDRM - Electronic Discovery Reference Model

A Protective Order Has Teeth – Counsel Disqualified After Court Finds Violations

In US Dominion, Inc. v. Byrne, 2024 WL 3792654 (D.D.C. Aug. 13, 2024), violations of protective orders led to disqualification of counsel. The court began its decision by stating:  “This case arises out of the 2020 U.S....more

Health Care Compliance Association (HCCA)

‘No Evidence’: Judges Toss KU Researcher’s Conviction; Reinstatement Battle Is Next

“I am writing with good news!!! Yesterday, the 10th Circuit overturned Franklin’s only remaining conviction and ordered the trial judge to enter a verdict of NOT GUILTY!!! After five long and difficult years, Franklin has...more

Farrell Fritz, P.C.

Recent Reminders from the Commercial Division That Experts Must Timely Show Themselves and Their Work to Avoid Preclusion

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It’s been a minute since our last installment of our “Check the Rules” series here on New York Commercial Division Practice, in which we occasionally highlight decisions from Commercial Division judges holding litigants and...more

Ius Laboris

Can Victims of Sexual Harassment Choose to Stay Anonymous?

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A recent decision in the Hong Kong District Court sets out the legal principles to be applied in the granting of Anonymity Orders in sexual harassment cases....more

Association of Certified E-Discovery...

Back to eDiscovery Basics: Are Your Legal Hold and Preservation Processes Subject to Discovery?

In the realm of litigation, the management of electronically stored information (ESI) is a pivotal component that can significantly influence the trajectory and outcome of a case. The recent ruling in Doe LS 340 v. Uber...more

EDRM - Electronic Discovery Reference Model

February’s Notable Cases and Events in E-Discovery

This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues: an order from the U.S. District Court for the Northern District of California requiring the Defendant to...more

EDRM - Electronic Discovery Reference Model

Do “Evasive and Incomplete” Discovery Responses Support Draconian FRCP 37(d) Sanctions?

In Ogunsula v. Warrenfeltz, 2024 WL 298984 (D. Md. Jan. 25, 2024), the Court recognized a split of authority and addressed the interplay between Rule 37(a)’s maxim that “evasive and incomplete” discovery responses are deemed...more

EDRM - Electronic Discovery Reference Model

Defendant Who Participated in Text Message Exchange Was Not Prejudiced by Disclosure on the Eve of Trial

In Pointer v. State, 2024 WL 70556(Apl. Ct. Md. Jan. 5, 2024)(unreported).   the Appellate Court of Maryland held that disclosure of text messages the day before a criminal trial did not prejudice the defendant.  One...more

EDRM - Electronic Discovery Reference Model

January's Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published January 18, 2023 and EDRM is grateful to Robert Keeling, Chair of the EDRM Global Advisory Council and our Trusted Partner, Sidley, for permission to republish.] This Sidley...more

Fox Rothschild LLP

Judge Stark Grants Plaintiffs’ Motion In Limine To Preclude Trial Testimony From Defendants’ CEO

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By Memorandum Order entered by the Honorable Leonard P. Stark in SZ DJI Technology Co., Ltd. et al. v. Autel Robotics USA LLC et al., Civil Action No. 16-706-LPS (Consolidated) (D.Del. August 4, 2021), the District of...more

Faegre Drinker Biddle & Reath LLP

District Court Requires Plaintiff to Disclose Evidence About Noneconomic Loss

When plaintiffs request damages for noneconomic loss such as pain and suffering, courts are split on whether a defendant can require a plaintiff to disclose during discovery how much the plaintiff intends to ask the jury to...more

Proskauer - Proskauer For Good

Proskauer Represents Forensic Scholars in Successful Amicus Brief Overturning Wrongful Conviction After 40 Years

On August 24, 2020, the United States Court of Appeals for the Fourth Circuit, sitting en banc, reinstated defendant Ronnie Long’s petition for a writ of habeas corpus, challenging his rape conviction more than four decades...more

Bricker Graydon LLP

New Ohio rules of practice and procedure effective July 1

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On July 1, 2020, several notable amendments to the Ohio Civil Rules took effect, which are designed to make Ohio practice more in line with current federal practice.  For instance, Rule 4.7 now includes a provision for waiver...more

Hogan Lovells

Summary note on disclosure in civil proceedings

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Disclosure orders - Disclosure involves parties to litigation identifying and making available to each other (unless privileged) relevant documents in their control, in accordance with a court order. ...more

Hogan Lovells

Disclosure of documents in civil proceedings in England and Wales (UPDATED)

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Disclosure - "Disclosure" is the term given to the stage of the litigation procedure when each party may be required to collect and review documents potentially relevant to the dispute and then state to the other parties...more

Troutman Pepper

The Nuts And Bolts Of Local Practice In The Eastern District Of Michigan (Part 3): A Guide To Practicing In The U.S. District...

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A civil jury trial is a risky proposition in any court, state or federal. To manage that risk, it is usually in each party’s interest to engage in some form of alternative dispute resolution, or ADR. Knowledge of the local...more

Hogan Lovells

International Products Law Review 2020: Issue 76

Hogan Lovells on

We are excited to bring you issue 76 of our International Products Law Review with insights and updates on all aspects of products law. In this issue, we explore what businesses need to consider when making climate-related...more

Troutman Pepper

Expanding Disclosure in International Arbitration: Sixth Circuit Rules That 28 U.S.C. § 1782 Permits Parties to Pursue Discovery...

Troutman Pepper on

Abdul Latif Jameel Trans. Co. v. FedEx Corp., No. 19-5315 (6th Cir. Sept. 19, 2019). In the world of international arbitration, where document disclosure is already relatively limited compared to practices in federal and...more

Carlton Fields

New York Supreme Court Holds Documents Created By Counsel During Claims Handling Were Not Privileged

Carlton Fields on

Pharmavite LLC filed a statement of loss under a policy issued by Crum & Forster Specialty Insurance Co. Crum & Forster disclaimed coverage, and Pharmavite commenced an action for breach of contract and declaratory judgment....more

Ballard Spahr LLP

New Jersey Attorney General Leads Actions Against the U.S. Department of Education for Restricting Information Sharing with State...

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Last week, New Jersey Attorney General Gurbir Grewal took the lead in pursing two actions against the U.S. Department of Education related to the Department’s alleged refusals to cooperate with state investigations of student...more

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - June 2018

The 10th edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more

Orrick - Trade Secrets Group

Mine Your Own Business: Multinational Mining Company Seeks Protection Of Alleged Trade Secrets During Discovery

Last week, multinational mining giant Rio Tinto asked a federal court in Manhattan to shield its document disclosures to the Securities and Exchange Commission (SEC) from the public eye....more

Mintz

Delaware District Court Finds No Work-Product or Common Legal Interest Protection for Certain Pre-Suit and Pre-Agreement Documents...

Mintz on

Recently, the District of Delaware held that a there was no work-product protection, and no common legal interest protection covering communications and documents shared between a patent owner and a third-party litigation...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Considers Default Clawback Provisions for Confidentiality Stipulations

The advent of large electronic productions has propelled a proposal to adopt new language in the standard confidentiality order used in the Commercial Division. This proposal is designed to protect parties against...more

Moore & Van Allen PLLC

Protection for Investigation Materials Remains in the Eye of the Beholder

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One of the most problematic questions facing companies simultaneously undergoing a review by external counsel and responding to a government inquiry is whether the information shared with or created by counsel will be...more

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