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New York Law Journal

The Attorney-Client Privilege

A refresher course in how "complicated" the attorney-client privilege can be. The author uses the recent U.S. Supreme Court case In re Grand Jury as a backdrop to illustrate his point. The case related to an order in a criminal investigation compelling a law firm to turn over documents sent to its client that contained both legal and accounting advice.
5 minute read

New York Law Journal

Manhattan Judge Rejects Trump's 'Quid Pro Quo' Proposal on DNA Recovered from Accuser's Dress

U.S. District Judge Lewis Kaplan ruled that discovery in the case, which is scheduled for trial in April, has concluded, and set aside Trump's "sudden" offer.
3 minute read

Legaltech News

Is Attorney E-Discovery Incompetence the Elephant in the Room?

For years, a lack of attorney e-discovery competence has been identified as the biggest e-discovery challenge that's not talked about enough. But if no one's willing to talk about the problem, how can the industry solve it?
10 minute read

New York Law Journal

In Med Mal Case, First Department Rules Failure to Oppose Dismissal Motion Doesn't Render Dismissal 'Unappealable'

The First Department court, though, still affirmed dismissal of the case "on the merits," saying that the plaintiffs' "longstanding pattern of noncompliance with discovery demands and court orders ... raised an inference of willful and contumacious conduct."
3 minute read

Law.com

'Rather Curious': Judge Declares Mistrial in Discrimination Case After Defense Turns Over Last-Minute Evidence

"This decision is important—not just for this case—but because it establishes that failure to produce discovery can go far beyond a slap on the wrist," said plaintiffs counsel Gary Gilbert of Gilbert Employment Law in of Silver Spring, Maryland. "It should serve as a warning to defendants that they exercise diligence in providing discovery."
4 minute read

The Recorder

State Lawmaker Eyes Changes to Discovery Rules

A new bill by state Sen. Tom Umberg would quadruple sanctions against lawyers who disrupt the discovery process. "The standard operating practice," Umberg said, "cannot be that you stonewall discovery."
3 minute read

New York Law Journal

Rule 37(e) Absent in Decision Granting Harsh Sanction for ESI Spoliation

Since the adoption of Rule 37(e), even while interpretations of the rule have varied, federal courts across the country have consistently used it as the basis for their ESI spoliation and sanctions analyses. Not so, however, in a recent case from the Eastern District of Pennsylvania.
8 minute read

The Legal Intelligencer

Coaching, Intimidation and Personal Insults: Nelson Mullins Lawyers Seek Sanctions Over Ex-Kline & Specter Attorney's Conduct

Bosworth, however, says that the defense's characterization of the deposition turns events on their head, and that it was defense attorneys who had acted improperly during the initial round of depositions.
5 minute read

New York Law Journal

Restrictions on the Scope of Medical Disclosure

It is clear that there are issues which may arise with respect to the scope of the waiver of the physician-patient privilege in personal injury and medical malpractice actions which require scrutiny when pertinent pleadings are prepared.
13 minute read

Law.com

Scientific Lab Behind Dozens of Product Recalls Under the Microscope

In lawsuits, GlaxoSmithKline, Unilever and others are challenging the scientific methods used by Valisure, the Connecticut laboratory whose reports have prompted recalls, and subsequent class actions, over drugs, sunscreen and dry shampoo.
10 minute read

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