Daily Report Online | Commentary
By Lindsay Forlines | March 1, 2019
"In the worst case, a corporate representative can even be lulled through clever hypotheticals into making an “admission” that a policy was breached—or worse, that a deviation of the standard of care occurred. "
By Samantha Green, Epiq | February 27, 2019
Differences in the scope of discovery between the U.S. and European legal systems can cause what may appear to be insoluble conflicts, but technology can help.
By Victoria Hudgins | February 25, 2019
A politician's deleted texts may still be recoverable, but time is of the essence.
By Victoria Hudgins | February 22, 2019
The Sedona Conference recently updated its social media primer to include new guidance and observations about the challenges of social media discovery.
By Jennifer Teaford | February 21, 2019
In its most recent published case, the appellate branch of the State Bar Court of California (the review department) agreed with the hearing department's findings and legal conclusions. Despite finding no error or abuse of discretion, the review department elected to recommend a significantly shorter suspension than the hearing department pursuant to its powerful independent review authority.
New York Law Journal | Analysis
By Michael Hoenig | February 21, 2019
In his Complex Litigation column, Michael Hoenig addresses a recent significant decision (holding an injury claimant's private social media information discoverable, albeit with some limitations on the time span and subject matter), which confirms that a new era is upon us. He provides the reader with some resources that can help diligent attorneys ponder the complexities of the brave new world and, not only survive, but thrive.
By Victoria Hudgins | February 21, 2019
The Sedona Conference recently updated its social media primer to include new guidance and observations about the challenges of social media discovery.
By Ross Todd | February 14, 2019
Defense firms and companies claim that the requirement to meet and confer over the identity of corporate representives for 30(b)(6) depositions.
By Ross Todd | February 14, 2019
Defense firms and companies claim that the requirement to meet and confer over the identity of corporate representatives for 30(b)(6) depositions will lead to unnecessary fights.
By Daniel N. Arshack and Matthew Reisman | February 14, 2019
Statements made by a defendant to a prosecutor during a “proffer” interview are discoverable in New York, and defendants should demand the notes that prosecutors take during these interviews in order to gauge their accuracy and properly anticipate their use at trial.
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