News & Analysis as of

Discovery Coronavirus/COVID-19

Esquire Deposition Solutions, LLC

Federal Litigants Can’t Insist on In-Person Depositions

Way back in April 2020, during the early days of the COVID-19 pandemic, a federal magistrate judge in Colorado had already seen enough to offer the following plea that lawyers reassess their habit of traveling long distances...more

Roetzel & Andress

Recent Changes to the Ohio Rules Address Remote Attendance, Discovery Disputes, and Service of Process

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The following highlights several of the changes to the Ohio Rules of Civil Procedure that went into effect on July 1, 2023. The changes impact, among other things, physical and remote appearance, the rules governing...more

Laughlin, Falbo, Levy & Moresi LLP

LFLM LAW with L.A.W - Discovery for Covid-19 Claims

Welcome to LFLM LAW with L.A.W. - the podcast that dives deep into the intricacies of workers' compensation cases. Our host is Lindsay Wagenman, a Partner in our San Francisco office. In this episode, Kate Lozano, the...more

Esquire Deposition Solutions, LLC

The Four Types of Depositions

There are four main ways to conduct a pretrial deposition in modern law practice: the deposition by written question, the in-person deposition, the remote deposition, and the hybrid deposition. Each has its strengths and...more

Esquire Deposition Solutions, LLC

Indiana High Court Is Latest to Examine “Good Cause” for Remote Proceedings

Increasingly, the phrase “good cause” is being used by courts to decide whether a deposition or other judicial proceeding should be conducted remotely or in person. Depending on the jurisdiction and the precise nature of the...more

Harris Beach PLLC

National Mass Torts: 2022 Year in Review

Harris Beach PLLC on

Harris Beach attorneys Abbie Eliasberg Fuchs, Bradley M. Wanner and Daniel R. Strecker review and analyze key judicial holdings and legal developments in New York, the federal arena and across the country that have affected...more

Reveal

Internal investigations in a post-pandemic world: key challenges and how to mitigate them

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As we witness the surge of the COVID-19 pandemic across the globe, more and more businesses implement their (partial) return-to-office policies. While each organization has its own view on which workplace model fits them...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Are Courts Still the Best Place to Litigate a Qui Tam Action?

In a typical qui tam case, the sequence and life cycle follow a similar trajectory. The relator files a sealed qui tam complaint in a federal courthouse in the United States. While COVID has disrupted litigation, particularly...more

Esquire Deposition Solutions, LLC

Do Remote Depositions From Home Violate Rule 45(c)’s 100-Mile Subpoena Limit?

We recently blogged about a case in which a court ruled that a subpoena for a remote deposition did not violate Federal Rule of Civil Procedure 45(c)’s 100-mile limit on subpoenas for non-party witnesses because the deponent...more

Planet Depos, LLC

Remote Depositions Remain a Popular Option After Covid

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In-person depositions are on the rise again, but remote depositions are here to stay. Even though remote depositions are no longer the only option, they remain a very convenient and increasingly efficient option. As a Planet...more

EDRM - Electronic Discovery Reference Model

7 Reasons Tonic and Lime is the Unrivaled Event Beverage

The return of in-person events gives rise to mingled feelings of anticipation and anxiety. Frequent questions include: 1.Will the program be interesting? 2.Will I know anyone there? 3.Do my resort clothes stiill fit?...more

EDRM - Electronic Discovery Reference Model

The Magnificent Seven, Part 2: More Blunt Observations from Judge Jeffrey Cole

Last time, I discussed one of our favorite judges to cover on the EDRM monthly case law webinar: Illinois Magistrate Judge Jeffrey Cole, who pulls no punches when it comes to how he views lack of cooperation and other...more

Lasher Holzapfel Sperry & Ebberson PLLC

Late or Untimely Discovery Responses in a Child Relocation Act Case: The Lawyer Escapes Sanctions (For Now)

Civil lawsuits can take a long time. After the complaint and other initial pleadings are filed, the next phase of the case will typically turn to what is referred to as “discovery.” Discovery is the mechanism the parties...more

Epiq

Three Data Trends to Watch

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Each year, practitioners and the courts face data issues applying to collection, preservation, security, compliance, global practice challenges, and more. Some questions repeat or evolve, while others are entirely fresh...more

Goodwin

Delaware Federal Court Dismisses Shareholder Derivative Suit Concerning Lack of Board Diversity

Goodwin on

Delaware Federal Court Dismisses Shareholder Derivative Suit Concerning Lack of Board Diversity; California Federal Court Dismisses Shareholder Class Action Against Sorrento Therapeutics Regarding COVID-19 Treatment; Delaware...more

Davies Ward Phillips & Vineberg LLP

COVID-19 and the Courts: What You Need to Know - Updated December 2021

Across the globe, courts have rapidly adapted their practices and procedures in response to the COVID-19 pandemic. As waves of infections have spread throughout Canada, its courts have fluctuated between resuming activities...more

Downs Rachlin Martin PLLC

The Future of Remote Litigation And Benefits Of In-Person Depositions And Proceedings For Attorneys And Clients

Legal professionals and commentators have rightly extolled the benefits of the massive shift in the legal work environment. Almost overnight, the practice of law went virtual. As we head into 2022, the legal profession and...more

Reveal

How To Adapt Your Internal Investigations For COVID-19 And Beyond

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In the wake of the pandemic, organizations have had to change the way they approach nearly every aspect of their business. Internal investigations are no exception....more

Esquire Deposition Solutions, LLC

Remote Depositions Prompt Novel Court Rulings on Discovery Practice

A prior post looked at two recent trial court rulings involving claims that witness coaching had occurred during a remote deposition, making the point that litigators can protect their clients against witness coaching by...more

Farrell Fritz, P.C.

Even as Pandemic Wanes, Remote Depositions Remain the New Normal

Farrell Fritz, P.C. on

In March 2020, the New York State Courts and attorneys’ offices all over the state shut down as part of the public’s broad effort to slow the spread of the Coronavirus, and the legal profession quickly transitioned to remote...more

Esquire Deposition Solutions, LLC

Four Questions Litigators Should Ask Before Conducting an In-Person Deposition

As the United States emerges from a prolonged period of remote legal proceedings and reduced in-person interactions to minimize the transmission of COVID-19, many litigators are weighing the desirability of in-person...more

Goodwin

SCOTUS Grants Certiorari to Decide Whether Automatic Discovery Stay Applies to Securities Act Cases in State Court

Goodwin on

SCOTUS Grants Certiorari to Decide Whether Automatic Discovery Stay Applies to Securities Act Cases in State Court; Delaware Court of Chancery Dismisses Stockholder Suit Against FedEx for Failure to Make Pre-Litigation...more

Polsinelli

Med-Staff Newsletter - July 2021 | VOL 7

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Flattening the Curve: Are Vaccination Mandates a Viable Strategy for Hospitals? Severe acute respiratory syndrome coronavirus 2 (“SARS-CoV-2”) vaccines hold promise to control the pandemic and help restore normal social and...more

Association of Certified E-Discovery...

Legalweek(year) 2021 Shows Why the Industry Isn’t Going Back to Normal

Legalweek was originally supposed to take place in New York this year, as it always does. However, for 2021 it was transformed into a series of five interactive virtual events held throughout the year—hence the updated title...more

Hanzo

Tips to Handle Non-traditional Data Sources

Hanzo on

We're halfway through 2021, and we can plainly see as we emerge from pandemic life, that remote work is here to stay. Here are some pretty compelling remote work stats from the State of Remote Work Survey by OWL Labs: -...more

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