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Evidence Discovery Corporate Counsel

Association of Certified E-Discovery...

eDiscovery Lessons for In-House Counsel: A Case Study in What Not to Do

In the complex world of eDiscovery, the responsibilities of in-house counsel are more critical than ever. The stakes are high, and the consequences of missteps can be severe, as highlighted in this week’s Case of the Week. In...more

Wolf, Greenfield & Sacks, P.C.

Sued: What In-house Counsel Without Litigation Experience Need to Know - Preparing Your Inside Team

3: Preparing Your Inside Team - Preservation, Privilege, Potential Pitfalls -This is the third in a series of articles that explores considerations and suggested actions for in-house counsel who are inexperienced in patent...more

Skadden, Arps, Slate, Meagher & Flom LLP

Premium on Preservation: Recent Delaware Rulings Underscore the Importance of Preserving Documents

Document discovery plays an essential role in litigation. Litigants and courts rely on documentary exhibits, along with witness testimony about such exhibits, to create a trial record. As a result, courts expect that parties...more

Jones Day

Fraud, Electronic Data Sources and Claims to Privilege in the United Kingdom—Lessons From Brian Glasgow v David Ames

Jones Day on

In Short - The Situation: Insolvency officeholders increasingly find their investigations into a company's affairs frustrated by the comingling of records on a "group" server. Claims to privilege by other group entities (or...more

BCLP

The perils of preservation

BCLP on

The recent decision In re Keurig Antitrust Litigation, 2022 WL 1082087 (S.D.N.Y. Apr. 11, 2022), offers timely examples of how extensive, well-intentioned preservation efforts can go awry – leading to costly motion practice...more

Schwabe, Williamson & Wyatt PC

Supreme Court Rules that Discovery is Not Available in Aid of Private Foreign Arbitration: ZF Automotive US, Inc. v. Luxshare,...

The U.S. Supreme Court resolved a dispute on Monday, June 13, 2022, that had been simmering in the lower courts for some time: whether 28 U.S.C. § 1782(a) authorizes district courts to order discovery in favor of private...more

Alston & Bird

The GDPR Reaches the US Supreme Court in Cert Petition

Alston & Bird on

The EU’s General Data Protection Regulation (GDPR) has been raised in a petition for certiorari before the US Supreme Court, apparently for the first time since the GDPR entered into application in 2018. A party in Vesuvius...more

Association of Certified E-Discovery...

[Webinar] Now Available At No Cost: Secure, Virtual Trial and Deposition Prep with Storybuilder by Everlaw - January 26th, 1:00 pm...

Post-review litigation preparation traditionally occurs over email, with competing versions of outlines sent back and forth until no one is sure what’s the most up to date. Digitally preparing for trial often involves a...more

Dorsey & Whitney LLP

Beyoncé Trademark Case Provides Evidentiary Lessons Before the TTAB

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Veronica Morales, a wedding/event planner providing services under the trademark BLUE IVY, has unsuccessfully challenged a pending application for the mark BLUE IVY CARTER, filed by BGK Trademark Holdings, LLC (Beyoncé...more

Baker Donelson

Sitting with the C-Suite: eDiscovery Observations – Historical Lookback to 1990s and 2000s

Baker Donelson on

Rakesh Madhava, the chief executive officer of Nextpoint, has extensive litigation experience, first as a litigation paralegal at, among other law firms, Kirkland & Ellis, and then as a litigation data consultant at FTI...more

Association of Certified E-Discovery...

[Webinar] ACEDS Detroit Chapter: Defensible Remote Forensic Collection - July 23rd, 12:00 pm - 1:00 pm ET

Digital forensics, whether performed in-house or by engaging an outside vendor, can uncover critical evidence for a variety of cases, including employee data theft, litigation holds, eDiscovery cases, and incident response...more

Association of Certified E-Discovery...

[Webinar] How to Collaboratively Craft Narratives and Prepare for Depositions - March 24th, 1:00 pm - 2:00 pm ET

Post-review litigation preparation traditionally occurs over email, with competing versions of outlines sent back and forth until no one is sure what’s the most up to date. Manual drudgery abounds, whether it’s printing out...more

Dechert LLP

Second Circuit Clarifies Summary Judgment Standards in Antitrust Conspiracy Case

Dechert LLP on

The U.S. Court of Appeals for the Second Circuit affirmed a grant of summary judgment on July 19, 2018, in favor of defendants in a nearly decade-old case alleging an unlawful conspiracy in the single-copy magazine industry....more

Jones Day

New York's Top Court Rules 7–0: "Private" Facebook Posts Subject to Disclosure

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On February 13, 2018, the New York Court of Appeals ruled unanimously that a user's "private" Facebook messages and photos are subject to disclosure where that information is "reasonably calculated to contain evidence...more

Robinson+Cole Class Actions Insider

Are Defendants Required To Create Datasets to Respond to Discovery Requests in Class Actions?

Discovery disputes in class actions often focus on plaintiffs’ requests for computer data regarding putative class members’ claims, and how far defendants need to go in providing such data. ...more

Troutman Pepper

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

Troutman Pepper on

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

Littler

Seventh Circuit to Plaintiffs: Here's Your Burden of Proof

Littler on

Most employees who file employment discrimination claims hope for one of two things – a really sympathetic jury or an employer that is willing to generously settle the lawsuit to avoid the risks and uncertainties of trial. ...more

Mintz - Securities & Capital Markets...

SEC Adopts Amendments Updating its Rules of Practice for Administrative Proceedings

On July 13, 2016, the SEC announced its adoption of several amendments that update the SEC’s rules of practice governing its administrative proceedings. ...more

Pierce Atwood LLP

New Amendments to SEC's Rules of Practice in Administrative Proceedings

Pierce Atwood LLP on

On July 13, 2016, the U.S. Securities and Exchange Commission (SEC) adopted several amendments to its Rules of Practice regarding administrative proceedings. The amendments address, among other things, the timing of...more

BakerHostetler

Post-Tyson Foods, Defendants Should Take the Offensive in Discovery Sampling

BakerHostetler on

Following the Supreme Court’s ruling in Tyson Foods and in light of the greater emphasis on proportionality in the amended Federal Rules of Civil Procedure, defendants can expect to see an increase in the use of sampling in...more

Sullivan & Worcester

Is Discovery of Private Facebook Postings On Equal Footing With General Discovery Principles?

Sullivan & Worcester on

Are private Facebook postings entitled to more stringent protections from civil discovery? A significant string of New York Appellate Division decisions seemed to suggest that they are. But a divided panel in Forman v....more

Pillsbury Winthrop Shaw Pittman LLP

Ninth Circuit Adopts New Standard for Discovery of Grand Jury Evidence

In In re: Optical Disk Drive Antitrust Litigation (ODD), the Ninth Circuit rejected the “effect test” in favor of a streamlined approach to evaluating civil discovery seeking grand jury evidence and allowed antitrust...more

Bracewell LLP

S.D.N.Y. Issues Spoliation Sanctions Against Foot Locker

Bracewell LLP on

The sanctions recently levied against Foot Locker serve as a potent reminder that understanding data and document preservation requirements is imperative. A New York federal judge issued sanctions against Foot Locker last...more

Carlton Fields

Court Finds Communications With Reinsurers Discoverable In Coverage Dispute

Carlton Fields on

A federal court in Minnesota determined that an umbrella insurer’s communications with its reinsurers are discoverable in a coverage dispute. The case is titled National Union v. Donaldson Co., and the focus is on the scope...more

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