By Jack Newsham | February 3, 2020
Wachtell Lipton and CVR have now litigated themselves to a draw, with the suit each filed against the other having been dismissed.
New York Law Journal | Analysis
By H. Christopher Boehning and Daniel J. Toal | February 3, 2020
Compliance with Rule 45 subpoenas can subject non-parties to significant burden and expense. Limited case law and secondary sources on this topic leave non-parties with little guidance on the best way to mount effective challenges to non-party subpoenas. But a recent decision from the Northern District of California and new commentary from The Sedona Conference may help change that, which H. Christopher Boehning and Daniel J. Toal discuss in this edition of their Federal E-Discovery column,
By Charles Toutant | January 31, 2020
U.S. Magistrate Joseph Dickson said a confidentiality order covering discovery sufficiently protects unredacted personal data of EU citizens.
By Robert Lindholm, Lucie Cohen and Jonathan Drucker | January 31, 2020
You will be much more likely to succeed in defending against a discovery on discovery attack if you have already been transparent about the discovery process early in the litigation, and if you have received some input and cooperation from opposing counsel regarding your proposed discovery plan.
By By David Lender, Luna Barrington and Joseph Rausch | January 31, 2020
Litigators need to be aware of the inquiries courts make to determine if an email constitutes a business record and alternative options to get emails admitted.
By Julia Brickell | January 31, 2020
As AI development intensifies and the courts begin to create new and perhaps enduring case law about its use and admissibility, the next decade will require increased vigilance on the part of legal professionals.
By David J. Kessler and Andrea L. D'Ambra | January 31, 2020
Because of heightened privacy and data security risks, the time has come to change the culture around the use of redactions in civil discovery.
By Andy G. Gandhi, Mauricio Paez and Mark Kindy | January 31, 2020
There appears to be some momentum for a national comprehensive personal data privacy law in the United States, which could address some of the conflicting issues related to PII disclosures in litigation discovery.
Daily Report Online | Commentary
By Todd Heffner | January 30, 2020
Discovery is grounded in reasonableness, not perfection.
By Amanda Bronstad | January 27, 2020
The U.S. Chamber of Commerce, Lawyers for Civil Justice and the American Civil Liberties Union filed proposed amicus briefs Friday in a petition before the U.S. Court of Appeals for the Sixth Circuit challenging court orders in an upcoming trial over the opioid crisis.
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