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Legaltech News

Legal Tech's Milestones for E-Discovery in 2023

Legal industry experts make their picks for the biggest developments impacting e-discovery in the past year.
6 minute read

The American Lawyer

Ex-Kirkland Associate Asks Court to Quash Firm's 'Invasive' Probe of Work History at Paul Hastings, Fish & Richardson

Plaintiff Zoya Kovalenko's original complaint against drew notice for inadvertently including comments that highlighted perceived weaknesses in her argument.
5 minute read

New Jersey Law Journal

'Persistent Failure to Provide Responsive Answers' in Discovery Results in Dismissal of Counterclaims

"Having reviewed the record, we discern no abuse of discretion in the trial court's determination as it relates to the counterclaims," the opinion said. "In short, ARF simply did not provide Seaside with any information that would support the counterclaims. Moreover, Seaside was prejudiced by those non-responses because without that information it could not prepare a defense or even move for summary judgment."
5 minute read

Law.com

Massachusetts Court to Consider: Are Public Social Media Posts 'Inherently Unknowable' in Terms of Defamation Discovery Rules?

"The correct application of the discovery rule will be dispositive of all of the state law claims in this case," U.S. District Judge Nathaniel M. Gorton wrote. "If the discovery rule tolls the statute of limitations, the state claims survive; if not, those claims are time-barred. Furthermore, the discovery rule as interpreted by the SJC will substantially inform this Court as to whether laches bar the two federal law claims."
5 minute read

Daily Business Review

Investors Demand Deposition of Binance Founder 'CZ' Before He Goes to Prison

The deposition request, in a class action in Florida, comes one day after a federal judge ordered Zhao to remain in the United States until his sentencing on Feb. 23.
4 minute read

New Jersey Law Journal

Judge Says 'No' to State Funding of Discovery Master Fees Prompted by Judge Shortage

Plaintiffs lawyer Jon Green said he heard messages of encouragement from lawyers whose clients were faced with fees of as much as $1,500 an hour in cases ranging from police civil rights to clergy sexual abuse.
5 minute read

Litigation Daily

Latham Goes Global for Witness Testimony in Case for 'Fully Distributed' Freelance Platform Client

Latham partner Kevin McDonough and associate Megan Behrman led an effort to gather testimony in a civil case in Nevada state court from witnesses in Portugal, Spain, South Africa, and Canada for freelance platform Toptal, whose employees have been remote since the company's founding.
6 minute read

New York Law Journal

CPLR 3212(b): A Provision That Allows Ambush at Summary Judgment

This article starts with a discussion on the current CPLR 3212(b)'s legislative history and proceeds to an examination of how courts have attempted to harmonize CPLR 3212(b) with CPLR 3101(d)(1)(i) and other procedural rules intended to ensure timely and orderly process, including Commercial Division Rule 13(c), which governs expert disclosure in the commercial part, and CPLR 3126, which addresses the court's discretion in imposing sanctions for violations of a discovery order.
8 minute read

The Legal Intelligencer

My Dog Ate My Emails: Document Retention and the Duty to Preserve in 2023

This article examines the duty to preserve evidence in the context of impending or ongoing litigation, what constitutes spoliation of evidence, and the potential consequences that flow from failing to implement sufficient safeguards.
6 minute read

New Jersey Law Journal

'A Discovery Motion May Cost You 5 Grand': Lawyers Unhappy With Court Solution

"I think that judges generally are mindful about the fact that the litigants are paying themselves when they go to a discovery master," said Lisa Crystal, a former Superior Court judge who now is practicing alternate dispute resolution with Brach Eichler.
7 minute read

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