News & Analysis as of

Ex Parte Discovery

Constangy, Brooks, Smith & Prophete, LLP

Delay didn't defeat employer's right to arbitrate, CA appeals court says

A pleasant surprise for employers. A California appeals court ruled last week that an employer did not waive its right to arbitration -- despite the fact that the parties had been in litigation for more than 13 months...more

Jackson Lewis P.C.

Defendants Have Conditional Access To Putative Class Members, Pennsylvania Federal Court Rules

Jackson Lewis P.C. on

Communications with a party represented by another lawyer absent consent (sometimes called “blitzes”) are permitted in putative class actions, a federal court has ruled in a case brought under the Class Action Fairness Act...more

Hanzo

The Web as a Data Source: What We Can Learn From In Re Ex Parte Application of Levi Strauss & Co.

Hanzo on

The web is a rich, varied, yet essentially untapped data source. Are you making full use of it in your eDiscovery? People today live their lives in full view on the web, from social media and messaging apps to chatrooms...more

White & Case LLP

Publication of the Decree on the Protection of Trade Secrets in France

White & Case LLP on

Following the promulgation of Law n°2018-670 on the Protection of Trade Secrets on 30 July 2008 transposing the provisions of Directive (EU) 2016/493 of the European Parliament and of the Council of 8 June 2016 on the...more

Holland & Knight LLP

Florida Supreme Court Strikes Defendants' Ex Parte Interviews with Treating Physicians

Holland & Knight LLP on

• The Florida Supreme Court has dealt a significant blow to Florida's medical malpractice pre-suit process, ruling that statutes authorizing the conduct of informal, ex parte interviews with a medical malpractice claimant's...more

Carlton Fields

London Maritime Arbitration Association Held To Be A “Foreign Tribunal” Within The Meaning OF 28 U.S.C. § 1782

Carlton Fields on

Kleimar N.V., the plaintiff in a London arbitration against defendant Dalian Dongzhan Group Co. Ltd. (Dailan), filed an ex parte application with the New York District Court seeking the issuance of a discovery order and...more

McCarter & English, LLP

A Quick Look at the New Trademark Trial and Appeal Board Rules

McCarter & English, LLP on

The Trademark Trial and Appeal Board ?TTAB? will implement new rules on January 14, 2017, that will apply to all inter partes proceedings (oppositions, cancellations, concurrent use) and ex parte appeals that are pending on,...more

Morgan Lewis

An Attempt at Efficiency: A Look at the TTAB’s Upcoming Rule Changes

Morgan Lewis on

The rule changes are aimed at streamlining proceedings before the TTAB. The Trademark Trial and Appeal Board (TTAB or the Board) will implement several important rule changes as of January 14, 2017. The changes will...more

Proskauer - Minding Your Business

Not So Fast! Qualcomm Cannot Use “Curious Quirk” of U.S. Discovery Law In Korean Antitrust Proceeding

A recent federal court order highlights the scope, and the limitations, of a U.S. court’s authority to order domestic discovery for use in a foreign proceeding under 28 U.S.C. § 1782. The court in In re Ex Parte Application...more

Haight Brown & Bonesteel LLP

Latent Claims of Childhood Sexual Abuse––the Delayed Discovery Rule and Certificates of Merit

On March 22, 2016, in Latrice Rubenstein v. Doe No. 1 (Case No. D066722), the Fourth Appellate District, Division One, held that the delayed discovery rule set forth in the pertinent statute of limitations, Code of Civil...more

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