By Zach Warren | October 23, 2017
The judges' panel at Relativity Fest 2017 explored spoliation for Taylor Swift, insurance metadata and the introduction of TAR to Australia.
The Legal Intelligencer | News
By Max Mitchell | The Legal Intelligencer | October 16, 2017
The judge overseeing the pelvic mesh mass tort in Philadelphia has agreed to let the plaintiffs perform limited additional depositions related to a jurisdictional dispute that recently reignited in the wake of the U.S. Supreme Court's ruling in Bristol-Myers Squibb v. Superior Court of California.
New York Law Journal | Analysis
By Shira Forman | October 12, 2017
In her Litigation 101 column, Shira Forman offers some guiding principles to aid the process of document production in civil litigation.
By Tom McParland | Delaware Law Weekly | October 11, 2017
A former Delaware judge has been appointed to determine whether Orexo AB violated a protective order from previous litigation in order to accuse generic drugmaker Actavis Elizabeth of infringing two patents for its opioid treatment drugs.
By Leonard Deutchman | October 5, 2017
The court found that the defendant's failure to produce e-discovery within the court's timetable was without justification, and that the defendant's attempts to justify its actions to the plaintiff and the court were "obfuscation," yet it imposed only limited sanctions upon the defendant under Federal Rule of Civil Procedure 37(b), specifically refusing to impose punitive sanctions. In this article, I will explore how prevalent the court's reasoning is and the consequences to litigation.
New York Law Journal | Analysis
By Josefa Velasquez and B. Colby Hamilton | October 4, 2017
New York's Court of Appeals is set to review the first in a potential steady stream of suits challenging the broad application of a law shielding certain documents in the personnel files of police officers and other public employees from public exposure.
By Matthew T. McLaughlin | September 29, 2017
Matthew T. McLaughlin writes: Litigants in disputes with public agencies have an opportunity to bring a two-front attack when obtaining documents. The CPLR and the FOIL statutes operate in tandem, and choosing one route does not preclude use of the other. The tandem operation of these two statutes brings, however, an often unappreciated twist. Under FOIL, public agencies enjoy certain exceptions to the obligation to produce documents. Several courts, including three of the Appellate Division departments, hold that the exceptions to production found in the FOIL statute may be used defensively in civil litigation, thereby permitting a public agency to withhold documents for FOIL-based reasons. Recent jurisprudence from the Appellate Division, Fourth Department, has opened a chasm in the intersection between the CPLR discovery devices and the operation of FOIL.
By Alexa Woronowicz | September 29, 2017
The trial court erred in precluding the commonwealth from offering as evidence two jail call recordings in which defendant allegedly made inculpatory statements as a sanction for failing to fulfill an earlier promise to provide transcriptions of all his recorded phone calls where the scope of the earlier promise was unclear and the bulk of the other recordings immaterial. The court reversed and remanded.
By Karen Sloan | September 28, 2017
A former Ropes & Gray lawyer and Harvard Law School grad can move ahead with parts of her federal lawsuit.
By Amanda Bronstad | September 27, 2017
A class action that had State Farm and the U.S. Chamber of Commerce banging the table over "extraordinarily burdensome" discovery orders has ended in a whimper after a federal appeals court reversed certification on entirely different issues.
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