Stories about discovery battles, trends in discovery
By ALM Staff | March 12, 2024
Exhibit J is the crux of the New York Times' copyright-infringement lawsuit that accuses Microsoft and OpenAI of using copyright-protected content to train their AI model GPT-4.
2 minute read
By Lori Marks-Esterman | March 7, 2024
Litigants outside the U.S. are finding the use of 28 U.S.C. §1782 can be a secret weapon that leads to victory. Yet many don't recognize or realize the power the section provides. It can be used to provide documents and testimony from U.S. residents and corporations that often aid a case in a foreign court. However, a Section 1782 filing can be a complex process and even those who are aware of Section 1782 are unsure how to find success with its use. Lori Marks-Esterman of Olshan explains why they are used, some of the complexities involved and how they can help those outside the U.S. obtain information that may ultimately help lead to successful outcomes.
5 minute read
By Stephanie Wilkins | February 27, 2024
"Ongoing improvement requires not only increasing performance levels of existing solutions, but predicting and responding to emerging and future needs of the legal industry," said Georges Sabongui, CEO of CloudNine.
8 minute read
By Charles Toutant | February 23, 2024
"It is unclear to the court how a sophisticated litigant can reasonably expect to fulfil its duty to preserve evidence by leaving the responsibility ... in the hands of restaurant manager, who is given absolutely no guidance," the judge said.
5 minute read
By Edward M. Spiro and Christopher B. Harwood | February 21, 2024
Conflicts arise between law firms and their clients that require lawyers within the firms to seek legal advice. In such situations, firm lawyers may seek advice from another lawyer within their firm about how to handle the issue. In subsequent litigation with the client, however, such communications may not be protected from discovery, particularly where the firm lawyer whose advice is sought has been involved in the representation of the client.
10 minute read
By Stephanie Wilkins | February 20, 2024
"As technology changes, so do ways in which clients do business and we need to follow suit. But you have be wise enough not to change for change's sake or apply a new technology simply because it is new," said Scott Milner, Global Leader, eData Practice at Morgan, Lewis & Bockius.
9 minute read
By Stephanie Wilkins | February 15, 2024
"First and foremost, encouraging innovation in the legal industry begins with understanding where challenges start to emerge," said Taylor Park, Content Marketing Manager at Relativity.
7 minute read
By Casey Laffey, Ian Turetsky, Zachary Kaye and Samantha Arnold | February 7, 2024
A recent decision from the Commercial Division of the Supreme Court of State of New York, "Tsung Tsin Ass'n, Inc. v. Tian Xiang Zhu," underscores the importance of litigants' adherence to the rules of discovery and court orders, and the serious consequences they can face for failing to do so. This article summarizes the decision and offers guidance as to best practices in light of it.
8 minute read
By Amanda Bronstad | February 1, 2024
Johnson & Johnson subpoenaed records concerning plaintiffs' expert Dr. Jacqueline Moline and a partnership involving attorney Andy Birchfield and one of its former lawyers.
5 minute read
By Ron Best and Phil Favro | January 26, 2024
New discovery rules in California require parties in most litigation matters to describe or disclose within 60 days a wide swath of information relevant to the subject matter of an action if any party so demands.
8 minute read
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