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At the beginning of each year, the Epiq Angle looks back at major developments affecting legal and business processes. Last week covered hot button issues in the eDiscovery space and this week an even hotter topic takes the...more
On September 30, 2023, California Governor Gavin Newsom signed into law Senate Bill (SB) No. 235, which adds new rules for initial disclosures of information in discovery. Specifically, the new law amends California Code...more
Discovery abuse has always been a grievance for attorneys and judges. Delay tactics, overfull caseloads, inefficient time management, and even ill-intentions are reasons why the discovery process can drag on for much longer...more
Recently signed into California law by Governor Gavin Newsom, SB 235, the amendment to CCP 2016.090, is to take effect on January 1, 2024. In essence, this amendment is to modify and amend the existing law in California state...more
In my work for the Texas Association of Broadcasters, I had a ringside seat for some pitched battles to save landmark statutes protecting public access to government records and free speech against encroachment by bills that...more
Earlier this year this blog reported that Texas was on the verge of adopting the Uniform Interstate Depositions and Discovery Act, a uniform law that streamlines the process for obtaining discovery from witnesses outside the...more
Parties in peer review hearings can present a wide range of relevant evidence, regardless of its admissibility in a court of law. But California has passed a new “apology law” that modifies that standard, erecting a...more
Policyholders can breathe more easily now that New York has relaxed or eliminated some of the more onerous insurance disclosure obligations of its recently enacted Comprehensive Insurance Disclosure Act (the Act). As...more
New York's novel mandatory disclosure requirement is more extensive than what is required by its federal counterpart, mandating the disclosure of a litany of "information and documentation," accompanied by affidavits from a...more
On September 18, 2020, Governor Gavin Newsom (D) signed Senate Bill (“S.B.”) 1146 into law. This act was aimed at amending Sections 1010.6 and 2025.310 of the California Code of Civil Procedure, and to add and repeal Section...more
A new change to California’s Civil Discovery Act has all of the trappings of a burdensome and costly requirement for employer defendants litigating in California state court. In addition to a litany of new California...more
Plaintiffs in civil litigation often seek punitive or exemplary damages. “Exemplary damages” means any damages awarded as a penalty or by way of punishment but not for compensatory purposes....more
California Gov. Gavin Newsom recently signed into law a number of bills that will affect Trust and Estate attorneys, and which are effective as of Jan. 1, 2020. In addition, three new laws make changes to civil discovery...more
On July 15, 2019, the Uniform Interstate Depositions and Discovery Act (the “Uniform Act”) was enacted in Rhode Island. R.I. Gen. Laws 9-18.1-1 et seq. It will simplify the process of taking a deposition in Rhode Island for...more
ACI’s 32nd Annual Forum on Wage and Hour Claims & Class Actions is regarded as the premier, flagship event for employment law practitioners across the country. For the last three decades, senior government officials, judges,...more
A new Washington law (SB 6027) impacts the scope of discovery of a plaintiff’s medical records in litigation brought under Washington’s Law Against Discrimination (“WLAD”). The law will become effective on June 7, 2018....more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017—and if January is any...more
Last week the Massachusetts Legislature adopted significant changes to the Massachusetts Public Records Law. These changes apply to all state agencies and municipalities and in theory are designed to improve the disclosure of...more
Significant amendments to the Federal Rules of Civil Procedure submitted to Congress in April 2015 could change discovery practices in securities litigation before the end of this year. Absent legislation to reject, modify or...more
When Wisconsin’s legislature enacted the state’s so-called “mediation privilege” in Wis. Stat. § 904.085, it expressly sought, in subsection (1) of that provision, “to encourage the candor and cooperation of disputing...more