News & Analysis as of

Trial Court Orders Discovery

Rumberger | Kirk

Third DCA on Cell Phone Discovery: Balancing Privacy Rights and Litigation Needs

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Cell phones have now been around for decades.  Along the way, they have grown up, became “smart” and are now indispensable to daily life, offering limitless options to communicate, shop and entertain ourselves.  How prominent...more

Ervin Cohen & Jessup LLP

How To Handle the Cost of Producing Records From a Closed Receivership

Q: I was involved in a now closed receivership. I want access to some of the records of the entity that was in receivership and some emails and information I believe was sent to the receiver or her counsel....more

White and Williams LLP

What a Difference a Day Makes: Mississippi’s Discovery Rule

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The discovery rule applies to latent injuries, such that the statute of limitations does not begin to run until the plaintiff knows of or should have known of the injury. In Western World Ins. Group v. KC Welding, LLC, No....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

Fish & Richardson

District of Minnesota Does Not Require Deposed Entity to Identify Topics on Which Each 30(b)(6) Witness Will Testify

Fish & Richardson on

On June 23, 2020, Magistrate Judge Hildy Bowbeer denied plaintiffs’ motion to compel defendant to identify the topics on which each Rule 30(b)(6) witness would testify because the language used in Rule 30(b)(6) “reflects a...more

White & Case LLP

No third party production: FRC loses its demand for Sports Direct's privileged documents

White & Case LLP on

Court battles with regulators over privilege and the disclosure of documents are becoming increasingly common. However, it is not often that you see a regulator seeking to obtain the privileged documents of a third party who...more

Bass, Berry & Sims PLC

Chris Lazarini Provides Insight on Appointment of Receiver

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini provided additional insight case in which a former investment advisor at UBS sought to prevent the company from collecting on promissory notes the advisor owed to UBS upon his...more

Winstead PC

Texas Court Grants Mandamus Relief To Protect A Trustee’s Attorney-Client Communications From Being Disclosed To A Beneficiary

Winstead PC on

In In re Alexander, a beneficiary filed suit against the trustee based on multiple allegations of breach of fiduciary duty, including an allegation that the trustee attempted to transfer the trustee position to successors in...more

Reveal

Should Mobile Devices be Imaged for eDiscovery? Recent Case Law Provides Insight

Reveal on

Deciding whether mobile devices should be imaged can be difficult when it comes to eDiscovery. They contain a large variety of file-types and data intermingled with a lot of private information, which may be privileged....more

Dechert LLP

Potential Criminality Under Foreign Law Not a Bar to Disclosure of Documents in English Civil Proceedings

Dechert LLP on

Bank Mellat v HM Treasury [2019] EWCA Civ 449 - Synopsis - Obligations of confidentiality arising under a foreign legal system do not automatically entitle a party litigating in England to withhold documents from...more

Hanzo

Don’t Let the Quest for “Easier” Stand in the Way of High-Quality Native-Format Evidence: Lessons From In re Syngenta AG MIR 162...

Hanzo on

It’s surprising—or perhaps not, depending on your outlook—how often people settle for less because it’s easier. We watch a TV show we don’t especially care about instead of reading a book because we’re tired and it’s easier...more

Dechert LLP

English Court Reiterates Importance of the Principle of Open Justice and Confirms That a Non-Party’s Reasons for Seeking...

Dechert LLP on

The English Court rules have long allowed a non-party to litigation to access and obtain copies of certain key documents in court proceedings. In our August 2018 update we reported on the decision of the English Court of...more

Dechert LLP

English Court of Appeal clarifies the rules regarding non-party access to documents filed with the court

Dechert LLP on

The English court rules have long allowed a non-party to litigation to access and obtain copies of certain key documents in court proceedings, such as statements of case (including the claim form, particulars of claim,...more

Winstead PC

Fiduciary Litigation Practice Tip: Streamlining Discovery To Threshold Legal Issues

Winstead PC on

Litigation can unfortunately be a costly endeavor. This is as true with fiduciary litigation as with any other type of litigation. ...more

Association of Certified E-Discovery...

TAR Protocol Rules the Roost: In Re Broiler Chicken

It is well established that courts will support parties electing to use technology assisted review (TAR) to identify responsive documents in discovery. However, TAR methodologies and quality control (QC) measures are still...more

Robins Kaplan LLP

Judge Sullivan orders counsel and attorneys to meet and confer regarding discovery disputes for at least 4 hours at the...

Robins Kaplan LLP on

Joao Control & Monitoring Systems, LLC v. City of Yonkers, et al. Case Number: 1:12-cv-07734-RJS - Following receipt of a joint letter from the parties concerning a discovery dispute, Judge Sullivan...more

Sands Anderson PC

SCOVA Refuses to Incorporate Prior Discovery Rulings from Previous Non-suited Action

Sands Anderson PC on

In Temple v. Mary Washington Hospital, Inc., et al., Record No. 131754 (Sept. 12, 2014), the Supreme Court of Virginia opined on an obscure, yet significant, issue related to the common practice of incorporating discovery by...more

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