News & Analysis as of

Evidence

eDiscovery for the Rest of Us: eDiscovery Best Practices, Part Three

by CloudNine on

..To answer the question of what to do for the cases larger than $1,000 but less than the major litigation cases, I drew up the “Ernie Challenge,” with advice from Craig Ball and DLA Piper senior counsel Browning Marean...more

“Smoking Guns” and Unofficial Rules: A Reminder for Employers

by Foley & Lardner LLP on

If you work in human resources, or are an executive or employment lawyer, at some point you probably have thought, heard or said words to the effect of “Juries are very unpredictable and can do some crazy things.” I admit...more

Fourth Circuit Rules that Warrantless Cell Phone is Warranted: Data Privacy Trends

by CloudNine on

Don’t let my cute title confuse you. In this case, the Fourth Circuit issued an interesting decision regarding whether a warrant is required to search an individual’s cell phone....more

Willfulness Finding in EDTX Ruling in TCL v. Ericsson Illustrates the Risk to Accused Infringers of Failing to Investigate...

In a May 10, 2018 ruling, discussed earlier on this blog, Magistrate Judge Payne affirmed the jury’s willfulness finding largely on the ground that TCL did not proffer any evidence that it held a subjective, good faith belief...more

Additional Discovery: Must Be More Than Mere Possibility

by Jones Day on

The PTAB recently denied a motion for additional discovery that sought the production of documents argued to be relevant to inventorship. In Watson Laboratories, Inc. v. United Therapeutics, Corp., Case IPR2017-01621 and...more

Using Distracted Driving Evidence To Build Your Personal Injury Case

by The Roth Firm on

When you take every precaution necessary to make sure you are focused on driving to keep you, and your family, safe, it can be terrifying to think that other drivers your sharing the road with are not quite as aware. When...more

Is The Car Making A Left Hand Turn Always At Fault In An Accident?

by The Brown Firm on

When a car is making a left hand turn, and an accident occurs, the at-fault driver is almost always the one who was making the left hand turn. The vehicle driving straight will more often than not, have the right of way...more

Don’t Underestimate Just How Much Jurors Want to Reach an Independent Decision

Add this one to the list of reasons why sequestering the jury can be a problem, and more generally, to the “Juries can do strange things” category. The night before deliberations, at the end of a five-week murder trial, four...more

Checklist for Depositions in Japan (Updated)

by Planet Depos, LLC on

There are important factors to consider when scheduling international depositions, particularly when scheduling depositions in Japan.  The first thing to know about taking a deposition in Japan is that there are only two...more

Your TCPA Settlements Can’t and Won’t Be Used Against You in a Court of Law (Probably)

by Womble Bond Dickinson on

TCPA Plaintiffs often utilize overly broad discovery demands in an effort to bludgeon a caller into settling an otherwise meritless case. One of the most common tactics is serving boilerplate demands seeking a Defendant’s...more

Federal Circuit Review - April 2018

by Knobbe Martens on

Broadest Reasonable Interpretation Encompasses All Embodiments in the Absence of Support Specifically Excluding an Embodiment - In Steuben Foods, Inc. v. Nestle USA, Inc., Appeal No. 2017-1290, the Federal Circuit...more

Request to Depose Mayor Quashed Because No Proof of Proportionality

by Zapproved LLC on

Hurd v. City of Lincoln, No. 4:16-CV-3029, 2017 U.S. Dist. LEXIS 210104 (D. Neb. Dec. 21, 2017). In this employment discrimination and retaliation case, the plaintiff sought to depose the defendant City’s mayor. The court...more

Must Your Dispute Be Arbitrated? You May Be Entitled to Discovery to Find Out.

In a proceeding under the Federal Arbitration Act (“FAA”) to determine if a dispute must be arbitrated, a federal district court performs a more limited function than in a plenary civil action. On an application to stay an...more

Evidence That Government Internally Considered Additional Modifications After the Parties Had Signed Earlier Modifications May...

by Pepper Hamilton LLP on

Meridian Eng’g Co. v. United States, 2018 U.S. App. LEXIS 7024 (Fed. Cir., Mar. 20, 2018) - Meridian Engineering Company (“Meridian”) was hired by the United States (“Government”) to construct flood control structures on...more

Ninth Circuit Concludes That Admissibility Is Not A Factor In Deciding Class Certification

by Jackson Lewis P.C. on

On May 3, 2018, in Sali v. Corona Medical Center, et al., Case Number 15-56460, a putative wage-hour class action, the U.S. Court of Appeals for the Ninth Circuit held that evidence does not have to be admissible for it to be...more

Ohio Supreme Court Restricts Spoliation Claims

by Roetzel & Andress on

The Ohio Supreme Court has issued an important decision limiting a party’s ability to pursue an independent tort claim for spoliation of evidence. Ohio law excludes tort claims for negligent spoliation of evidence, but...more

CAS Legal Mailbag Question of the Week – April, 2018 #2

by Shipman & Goodwin LLP on

Dear Legal Mailbag: I have long suspected that one of the students at my high school is a dealer and I would love to prove it. Yesterday, another student told me confidentially that he saw the student rolling a joint in...more

8 Tips for Taking Depositions in Europe with Ease

by Planet Depos, LLC on

Depositions abroad require a little extra patience, time and, sometimes, creativity to coordinate.  Working with an international court reporting agency for your depositions in Europe makes the process less daunting, more...more

RKC Attorneys Win Defense Verdict For Louisville Ladder

by Rumberger Kirk & Caldwell on

Jury returns defense verdict in 18 minutes! Scott M. Sarason and Jens C. Ruiz of Rumberger, Kirk & Caldwell won a defense verdict on behalf of Louisville Ladder, Inc. on April 24, 2018, in a product liability case in the...more

Judge Recommends Jury Decision on Impact of Spoliation of Emails: eDiscovery Case Law

by CloudNine on

In BankDirect Capital Fin., LLC v. Capital Premium Fin., Inc., No. 15 C 10340 (N.D. Ill. April 4, 2018), Illinois Magistrate Judge Jeffrey Cole recommended that the court follow the decision in Cahill v. Dart and “allow the...more

California vs. Federal Practice: Document Requests and Depositions

by Snell & Wilmer on

Many litigation practices, such as motion drafting, deposition questioning and defending, or presenting oral arguments, cross-apply whether in state or federal court. But, while there are many similarities between ...more

Gap of Information is Reason for Revoking a European Patent

by Jones Day on

The Situation: In European patent law, opposition against a patent grant can be based only on particular grounds, with one of the grounds being insufficiency of disclosure, meaning that the invention is not disclosed clearly...more

Petitioners Face A Heightened ‘Motion To Combine’ Threshold

The Board has moved the 103 target without warning. As noted in last month’s article on POPR (Patent Owner Preliminary Response) declarations, the Board is using POPR declarations to deny institution for lack of motivation...more

Apator Miitors APS v. Kamstrup A/S

by Knobbe Martens on

Federal Circuit Summaries - Before Moore, Linn, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: A party seeking to swear behind prior art using an inventor’s testimony must proffer corroborating...more

Don’t Adapt to ‘Learning Style’

It is part of the received wisdom of popular psychology: People have different learning styles. You reach “auditory learners” by explaining it to them verbally, “visual learners” by showing them graphics, “reflective...more

1,104 Results
|
View per page
Page: of 45
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.