By Zack Needles | October 31, 2019
It's Halloween, and while ghouls, goblins and ghosts are plenty creepy, is there anything more frightful than the prospect of being slapped with a discovery sanction? We shudder just thinking about it. In honor of the spookiest holiday on the calendar (other than Tax Day), here are five unsettling tales of discovery gone awry that will haunt the dreams of even the most hardened litigators.
By Victoria Hudgins | October 30, 2019
A new study also found that regulatory and employee investigations generate the most electronically stored information (ESI) for collection/review, while cybersecurity investigations triggered the least amount.
By Ross Todd | October 29, 2019
A federal judge in San Francisco found that the proposed deposition wouldn't be relevant to Musk's defense that it wasn't reasonably foreseeable Buzzfeed would publish emails he designated as "off-the-record."
New York Law Journal | Analysis
By Katherine B. Forrest | October 28, 2019
"Deepfakes" is the name for highly realistic, falsified imagery and sound recordings; they are digitized and personalized impersonations. Deepfakes are made by using AI-based facial and audio recognition and reconstruction technology; AI algorithms are used to predict facial movements as well as vocal sounds. In her Artificial Intelligence column, Katherine B. Forrest explores the legal issues likely to arise as deepfakes become more prevalent.
By Carrie Maylor DiCanio | October 25, 2019
This article discusses five issues that counsel should consider when drafting an arbitration provision and provide insights on how to effectively craft an arbitration clause to enable the efficient and cost-effective resolution of M&A disputes in domestic arbitration.
By Justin J. Santolli and R. David Gallo | October 25, 2019
The Sixth Circuit's decision likely portends an increase in applications pursuant to §1782 seeking discovery in private foreign commercial arbitrations and raises the prospect of the Supreme Court having to resolve the circuit split.
The Legal Intelligencer | Commentary
By Leonard Deutchman | October 24, 2019
What has caught my eye in recent months is how many of those journals, regardless of whether their focus is on e-discovery, the intersection of the law and technology generally, law firms or simply on the law generally, have turned their attention to the intersection of the law and digital technology.
By Charles Toutant | October 23, 2019
Judge Keith Lynott ordered plaintiff Nicole Casciola to pay attorney fees connected with efforts by the firm over a 17-month period to compel production of an audio recording.
By Kenneth B. Danielsen and Steven I. Heyligers | October 23, 2019
In personal injury lawsuits, it is often the case that a plaintiff will undergo surgery during the course of litigation, without giving any prior notice to the defendants. Whether unintentional, or tactical, two decisions in the Supreme Court, including one issued earlier this year, may serve to change this practice, at least in cases where the defendants have demanded the right to conduct a presurgical independent medical examination (IME).
By Jane Wester | October 23, 2019
All sides in the matter have voiced their understanding that the U.S. Supreme Court would have the final say on Trump's bid to block Manhattan District Attorney Cyrus Vance Jr. from enforcing a subpoena on the president's personal accountants seeking, among other things, eight years of tax returns.
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