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Law.com

Circuit Remands 'Choose Life' License Plate Case

The First Amendment dispute over New York state's rejection of a "Choose Life" anti-abortion vanity license plate is headed back to Northern District Judge David Hurd.
2 minute read

The Recorder

Google Goes After Orrick in AG Probe

Lawyers at Wilson Sonsini want Orrick to turn over documents they say will tie it to a questionable probe undertaken by Mississippi Attorney General Jim Hood.
3 minute read

New York Law Journal

Cost Shifting Warranted for Production of Inaccessible ESI

In their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal discuss a recent decision that employed cost shifting when the requesting party demanded production of ESI stored on backup tapes and a reformatted production of previously produced active email files.
12 minute read

The Legal Intelligencer

Plaintiff Opposes Cosby's Request to Take Discovery

The plaintiff who sued Bill Cosby in 2005 has filed a motion to intervene in a lawsuit he is currently facing, in which the comedian asked for leave to investigate the release of a deposition from the 2005 litigation.
2 minute read

Daily Business Review

E-Discovery: The Devil Is in the Data

Attorneys are encouraged to learn to use cutting-edge technology to hone their e-discovery skills, write attorney Franklin Zemel and Jordan B. Isrow.
4 minute read

Daily Report Online

Did Court Provide Clarity or Confusion on Spoliation?

In Georgia, spoliation refers to the destruction or failure to preserve evidence that is relevant to contemplated or pending litigation. A finding of spoliation gives rise to a rebuttable presumption that the subject evidence was harmful to the spoliator. For a party to pursue this remedy, the evidence must be "necessary" to the litigation and the spoliating party must have possessed a duty to preserve the evidence.
4 minute read

Corporate Counsel

Deflation to Spoliation? Tom Brady and E-Discovery

The Deflategate quarterback is showing companies with data-packed devices that there are potential penalties for e-discovery fumbles.
6 minute read

Corporate Counsel

Intercontinental Conundrum: Navigating Litigation Holds

Companies facing incidents that might attract international attention must assess whether U.S. litigation is reasonably anticipated, thus triggering the need for a litigation hold.
8 minute read

New York Law Journal

Two Decisions Provide Lessons on Corporate Record Requests

Patrick Sweeney of Holland & Knight discusses two First Department decisions—'Lerner v. Prince' and 'North Miami Beach v. McGraw-Hill', which signaled a change in the way shareholders in New York corporations can, and likely will, challenge the conduct of their boards.
13 minute read

Law.com

Plaintiff Rebuts Cosby Allegation of Settlement Breach

In two memoranda filed Tuesday, counsel for Andrea Constand, who reached a settlement with Bill Cosby in 2006, said the plaintiff did not breach the parties' confidentiality agreement, but it was the comedian who did so.
5 minute read

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