By Victoria Hudgins | May 18, 2020
E-discovery had a brief cameo in a U.S. Supreme Court argument that could reshape presidential oversight. But e-discovery experts say Justice Neil Gorsuch's comments underscore a broader misconception of e-discovery in the judicial branch.
New York Law Journal | Analysis
By Samuel Estreicher | May 15, 2020
In this Arbitration column, Samuel Estreicher discusses decisions that suggest we are likely to witness resort to discovery through the federal courts in a great many international arbitrations where the individual or entity from which documents or other information is sought has sufficient contacts with the Unites States to satisfy §1782's jurisdictional standards.
By David Horrigan, Relativity | May 12, 2020
Navient Solutions v. Law Offices of Jeffrey Lohman provides a guide to the crime-fraud exception to the attorney-client privilege and a gentle reminder that a First Amendment argument based on the Noerr-Pennington Doctrine will get you absolutely nowhere in a discovery dispute.
By Jenna Greene | May 11, 2020
"A party who knowingly distorts or conceals the truth undermines the integrity of the process and maligns justice itself," wrote Senior U.S. District Judge Karon Owen Bowdre in Alabama.
By Jenna Greene | May 10, 2020
U.S. District Judge Nathaniel M. Gorton in Massachusetts on Friday wrote that while the government's failure to turn over potentially exculpatory material promptly was ' irresponsible and misguided,' it was not willful.
By Angela Morris | May 5, 2020
The documents that Alfa's CEO fabricated had made alterations to notes of emails, calls and communications between the companies, said plaintiffs attorney Austin Champion.
By Tom McParland | May 4, 2020
The proposed class action, filed by attorneys from Covington & Burling, said the coronavirus was spreading "unmonitored and undetected" throughout MCC.
New York Law Journal | Analysis
By Mark A. Berman | May 4, 2020
In his State E-Discovery column, Mark A. Berman discusses a recent informative decision in laying out the factors that a court may consider in deciding whether to order the payment of non-party attorney fees.
By David A. Prange and Benjamen C. Linden, Robins Kaplan | May 4, 2020
Part one of this two-part series explores early discovery considerations with source code evidence and their effect on trial.
New Jersey Law Journal | Commentary
By Matthew G. Minor | May 1, 2020
Attorneys are in a state of confusion about how to proceed with discovery during the current public health crisis. We need more guidance as well as reassurance from the courts that we are not going to be "left out in the cold" once the emergency ends.
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