David J Kessler

July 08, 2013 | Texas Lawyer

Courts should order more cost-shifting in discovery, write attorneys David J. Kessler and Tarifa B. Laddon. In particular, in the rare cases where courts allow discovery on discovery, it should be presumed that the requester pays for the responding party's costs to produce this information.

By David J. Kessler and Tarifa B. Laddon

7 minute read

October 24, 2007 | National Law Journal

The Columbia Pictures Industries v. Bunnell case resulted in the discovery of global assets. With today's interconnected networks, Drinker partner David J. Kessler explains how U.S. electronic discovery requirements have a global reach that can violate foreign law.

By David J. Kessler

11 minute read

March 21, 2011 | Law.com

It's common for parties to voluntarily exchange search terms to increase transparency, ensure documents are not excluded, and limit discovery costs. What should not become common is the forced disclosure of search terms by courts. Not only are search terms not within the bounds of discovery, but are windows into how counsel are considering and evaluating their case.

By David J. Kessler, Robert D. Owen, and Emily Johnston

12 minute read

March 21, 2011 | New York Law Journal

David J. Kessler, Robert D. Owen and Emily Johnston of Fulbright & Jaworski write that although it is common for parties to decide voluntarily to exchange search terms, what should not become commonplace (and, sadly, is starting to) is the forced disclosure of search terms by courts. Not only are search terms not within the bounds of discovery, but they are windows into how counsel are considering and evaluating their case.

By David J. Kessler, Robert D. Owen and Emily Johnston

12 minute read

October 31, 2007 | Law.com

No IP attorney can serve two masters. But litigation today may force you to try. Plan ahead so that you won't get trapped between foreign privacy laws forbidding the release of data and an American judge ordering discovery.

By David J. Kessler

11 minute read

May 17, 2011 | New Jersey Law Journal

The impact of compelling parties to disclose search terms

By David J. Kessler, Robert D. Owen and Emily Johnston

11 minute read