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
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
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
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
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
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
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
[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
Imagine you’re back at school with a box full of Legos. Chances are you had a teacher that insisted on everyone sharing their pieces when playing together. Some kids might need the bigger pieces, she said, while others might...more
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
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
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
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
An important word has been missing from much of the talk about Alex Jones: Ediscovery. But ediscovery is where it all went wrong in the fiasco of his case. In a bizarre twist of events that are even “too dumb” for a Law...more
The Federal Rules of Civil Procedure liberally enable parties to seek relevant information in discovery that may be helpful in the preparation and trial of a case. While the liberal scope of discovery permitted by the...more
Trade secret litigation presents a variety of procedural and practical complexities at every stage of the proceeding. One of the most important—yet often overlooked—issues in these cases can be summarized by the following...more
The Chief Judge of the United States District Court for the District of Colorado recently denied a plaintiff’s bid to overturn a protective order preventing the plaintiff from taking 30(b)(6) deposition testimony on a...more
Federal litigators aren’t taking sufficient advantage of 2008 amendments to Federal Rule of Evidence 502, which gives them the authority to obtain protective orders that can stem the damage from inadvertent disclosure of...more
The CPLR 3123 notice to admit can be a useful device in litigation. Its primary purpose is to expedite a trial by eliminating the necessity of proving a readily admittible fact or matter not in dispute. ...more
Discovery in patent cases often requires parties to produce confidential technical, business, and financial information. To safeguard this sensitive information, courts issue protective orders limiting who can access it,...more
The Court of Appeals of North Carolina's decision in Crosmun v. The Trustees of Fayetteville Technical Community College, ___ N.C. App. ___, 832 S.E.2d 223 (2019) provides much needed guidance to North Carolina courts on how...more
Where parties seek to keep certain documents they have filed under seal and out of the public eye, the Business Court now requires proof that disclosing the information would harm the parties or others before it will agree to...more
On February 17, 2020, the Federal Court of Appeal reaffirmed the long-established practice of granting protective orders to parties involved in intellectual property litigation before the Federal Court in Canada. In doing so,...more
As in the Michigan state court system, most of your time in a federal civil case will be spent on discovery, and most of your interaction with the court will be through motion practice. Different courts have different rules...more
As an update to our April 1, 2019 Reinsurance Alert, the Third Circuit Court of Appeals recently affirmed the U.S. District Court for the Middle District of Pennsylvania’s holding in Pennsylvania National Mutual Casualty...more