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Protective Orders

Association of Certified E-Discovery...

How the Inadvertent Violation of a Protective Order Led to Sanctions Against Counsel

When litigating high-profile cases, attorneys must tread carefully in handling confidential materials, especially when protective orders are in place. In Cahill v. Nike, Inc., an inadvertent disclosure by counsel to the press...more

EDRM - Electronic Discovery Reference Model

Court Denied Unopposed Motions for Protective Order and Approval of ESI Protocol

In Orlando Health, Inc. v. HKS Architects, Inc., 2024 WL 4025379 (M.D. Fl. Sept. 3, 2024), the court denied an unopposed motion to enter a protective order and an unopposed motion to enter an ESI Protocol....more

Marshall Dennehey

Third District Court Quashes Order Granting Motion for Protective Order Relating to a Corporate Representative’s Deposition

Marshall Dennehey on

Hamilton v. Citizens Property Insurance Corporation, Fla. 3rd DCA, 3D23-1934, May 1, 2024 - The petitioner in this matter (the plaintiff below) sought certiorari review of a discovery order granting a motion for protective...more

Esquire Deposition Solutions, LLC

Poor Health, Family Obligations Supply Good Cause for Avoiding Deposition Travel

To their credit, experienced litigators are able to resolve the vast majority of pretrial discovery disputes without the need for court intervention. This is particularly true when the dispute in question is whether a...more

EDRM - Electronic Discovery Reference Model

A Protective Order Has Teeth – Counsel Disqualified After Court Finds Violations

In US Dominion, Inc. v. Byrne, 2024 WL 3792654 (D.D.C. Aug. 13, 2024), violations of protective orders led to disqualification of counsel. The court began its decision by stating:  “This case arises out of the 2020 U.S....more

Smith Debnam Narron Drake Saintsing & Myers,...

The Basics of Restraining Orders in North Carolina

In the sixteen years that I was a Wake County District Judge and District Attorney, I’d often be asked how to get a restraining order. The answer is relatively simple – the North Carolina General Assembly passed a law that...more

Association of Certified E-Discovery...

[Webinar] Defusing the Data Explosion: Meet and Confer in the Era of Data Explosion! - July 24th, 12:00 pm - 1:00 pm CT

In today's digital landscape, data is exploding at an unprecedented rate – both in volume and in types of data, transforming how we manage and protect information, and how we discuss it when preparing for its use in legal...more

JND Legal Administration

Generative AI and Protective Orders

A recent conversation I had raised a new concern surrounding the use of Generative AI that is worth talking through. Will using Generative AI tools violate obligations surrounding the storage and review of documents...more

Dorsey & Whitney LLP

A Cautionary Tale of Contempt Proceedings for Potential Violation of a Standard Protective Order in Trade Secrets Litigation

Dorsey & Whitney LLP on

Though litigants routinely enter into stipulated protective orders in the course of discovery that may involve sensitive company information (or even trade secrets), a recent ruling is a cautionary tale on the potential...more

Patterson Belknap Webb & Tyler LLP

Bankruptcy Court Orders Civil Confinement Over Discovery Dispute

At a hearing in mid-March, the Delaware bankruptcy court held Camshaft Capital Fund, LP, Camshaft Capital Advisors, LLC, Camshaft Capital Management (collectively, “Camshaft”) and William Cameron Morton, principal of...more

Vondran Legal

Strike 3 Holdings Defendants No Longer Anonymous?

Vondran Legal on

Maintaining your anonymous status when you are a John Doe defendant in a strike 3 holding porn litigation just got a bit trickier, at least in the 3rd Circuit. In this jurisdiction, a defendant may have to prove to the...more

Jaburg Wilk

Protective Orders: Developing a Safety Plan

Jaburg Wilk on

When it comes to safety planning in the context of protective orders which include Order of Protection and Injunction Against Harassment, it is important that you take steps to protect yourself, as well as anyone who is...more

Esquire Deposition Solutions, LLC

Protective Order Preventing Deposition Leads to New Trial

Jury trials are expensive. They disrupt jurors’ lives for days or weeks,. They demand the complete attention of court personnel. They require witnesses to make time for court appearances and travel to and from the courthouse....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2023 ITC Section 337 Year in Review: Analysis & Trends: Rule and Procedural Developments at the ITC in 2023

2023 was a calm year for the International Trade Commission (“ITC”) with no revisions to the USITC Rules & Procedures.1 And while the number of Section 337 complaints filed experienced a three-year low, administrative law...more

Smith Debnam Narron Drake Saintsing & Myers,...

North Carolina Defamation Laws in Divorce or Domestic Violence Cases

A jury awarded Johnny Depp $15 million in damages in a defamation suit against Amber Heard, who had alleged domestic abuse against him in an op-ed. Donald Trump was ordered to pay over $80 million in a defamation suit brought...more

EDRM - Electronic Discovery Reference Model

December’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published December 21, 2023 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of...more

Stark & Stark

[Webinar] An Overview of the Domestic Violence Laws in New Jersey for the Non Family Law Practitioner - January 9th, 12:00 pm -...

Stark & Stark on

Attorneys who do not practice Family Law often come into contact with clients who have an issue of domestic violence including sexual assault. This webinar will provide the basics of the NJ Prevention of Domestic Violence...more

Buckingham, Doolittle & Burroughs, LLC

Avoiding Trials on Social Media: Obtaining protective orders to prevent trying your case on social media (or online)

Discovery can be a harrowing and intrusive process for all litigants. As federal and state rules allow for broad discovery of information relevant to any party’s claims or defenses, individuals and business are compelled to...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for November 2023 - November 16th, 1:00 pm - 2:00 pm ET

It’s time to be thankful – for eDiscovery case law! Our November 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses permissive inference sanctions for destruction of video, sanctions for failing to...more

Lerch, Early & Brewer

What You Need to Know: Virginia Protective Orders in Cases of Family Abuse

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October is National Domestic Violence Awareness Month, but unfortunately abuse can happen anywhere at any time. In Virginia, victims of abuse have the option to seek a protective order, but not all protective orders (there...more

Holland & Hart LLP

HIPAA and Subpoenas, Orders, and Administrative Demands

Holland & Hart LLP on

The HIPAA privacy rules (45 CFR § 164.501 et seq.) generally prohibit healthcare providers and their business associates from disclosing protected health information in response to subpoenas and other government demands...more

Esquire Deposition Solutions, LLC

Keeping Deposition Transcripts Confidential in the Internet Age

Deposition transcripts, like other pretrial discovery materials, do not become public records until they’re filed with the court. Before they are filed with the court, they routinely dwell in obscurity, shielded from public...more

Bradley Arant Boult Cummings LLP

Protective Order Battle Could Undermine Trump's Effective Defense

A battle is heating up in the Jan. 6 criminal case against former President Donald Trump that, while seemingly technical, will likely have a significant impact on the defendant’s ability to mount a defense. It may well serve...more

Littler

Utah Enacts Law Allowing Employers to Obtain Workplace Violence Protective Orders

Littler on

On March 14, 2023, Utah Governor Spencer J. Cox signed HB 324 into law amending Utah’s protective order statute to allow employers to petition for and obtain workplace violence protective orders against an individual who has...more

McGlinchey Stafford

Did my actions waive my contractual rights? - McGlinchey Commercial Law Bulletin - December 5, 2022

McGlinchey Stafford on

Ohio- “Best efforts“ Cintrifuse Landlord LLC v. Panino, LLC, 1st Dist. Hamilton, No. 2022-Ohio-4104- In this appeal, the First Appellate District reversed the trial court’s decision to grant the plaintiff’s motion for...more

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