By Andrea L. D'Ambra and Susana Medeiros | February 10, 2022
While line-by-line designations may make a lot of sense for smaller cases, for larger matters where only a small fraction of the documents reviewed and produced are ever used in motions or trial, parties should focus the expense of line-by-line designations on the documents that really matter.
By Allison Dunn | February 10, 2022
A federal magistrate judge in Massachusetts has issued a divided ruling on whether, in a patent dispute with Fitbit, Philips North America must turn over emails sent and received by a foreign patent attorney who is not registered as an attorney-at-law.
By Meghann M. Cuniff | February 9, 2022
The decision from U.S. District Judge Paul Gardephe distinguishes between the prosecution teams in New York and California, a crucial legal finding as Avenatti pursues appeals.
By Jamie Brown and Chris Dahl | February 4, 2022
This article explores five of the biggest changes impacting e-discovery, concluding that the modern e-discovery practitioner must accept a reality of constant change.
By Brian Bank and Mirielle Nezamy | February 4, 2022
Certain decisions from the past year suggest that New York courts addressing requests to shift costs in connection with e-discovery are more inclined to exercise their discretion under Article 31 of the CPLR to limit the scope of the requested e-discovery than they are to shift the costs of such discovery to the requesting party.
By Chris Costello and Michelle Six | February 4, 2022
Cooperation and a degree of transparency are important tools that reduce the overall number of disputes and help control costs, but there is a limit to such cooperation and transparency.
By David J. Kessler and Sumera Khan | February 4, 2022
Even where the producing party's discovery solution is flawed and the requesting party's solution is reasonable, the court should not impose that solution on the producing party, but rather, the court should let the producing party find a reasonable solution that works best for it. This is the big lesson of 'Diisocyanates'.
Delaware Business Court Insider
By Ellen Bardash | February 2, 2022
"Turning appraisal into a type of pre-suit investigation would be an additional step," Chencellor Kathaleen McCormick wrote.
New York Law Journal | Analysis
By H. Christopher Boehning and Daniel J. Toal | January 31, 2022
A recent set of cases demonstrates that judges are well aware of the dance between adversaries and have established a set of standards to determine when requests labeled "discovery on discovery" are appropriate.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | January 31, 2022
One area of statutory privilege that has implications for medical malpractice actions is that relating to hospital quality assurance review and malpractice prevention programs under Education Law §6527(3), Public Health Law §2805-j and Public Health Law §2805-m. The statutes, however, exempt from privilege statements made by a party in an action that is the subject of the review. This exception has been addressed in various appellate decisions. In their Medical Malpractice column, Thomas Moore and Matthew Gaier discuss several of the decisions.
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