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The Legal Intelligencer

Litigation on Limits to Med Mal Discovery Has Second Chance in Pa. Appeals Court

"What we have here is an opportunity for the Superior Court to put its eyes on these privilege issues in a way that's a little different than we've seen in some recent decisions," said Kline & Specter's Charles Becker.
3 minute read

Daily Business Review

Appellate Court Rejects Corporate-Wide Discovery Order

"We're starting to see certain law firms using this tactic as a bludgeon rather than a way to refine certain questions that need to be answered by a corporate representative," said Edward G. Guedes, a partner at Weiss Serota Helfman Cole & Bierman.
4 minute read

The Legal Intelligencer

Impact of the Attorney-Client Privilege Purpose Requirement on E-Discovery

On Jan. 9, the U.S. Supreme Court heard oral argument on whether the attorney-client privilege protects against disclosure of dual-purpose communications—where the communications contain both legal and nonlegal advice.
6 minute read

The Legal Intelligencer

'No Marriage to Protect': Citing Husband's Death, Superior Court Rejects Appeal Over Spousal Privilege

"Mrs. O'Brien's interest in appealing the discovery order is no different from any party seeking to keep relevant, inculpatory evidence out of court," the appeals court said. "That interest—common to all civil defendants—does not constitute a right too important to be denied immediate review under Pa.R.A.P. 313(b)."
4 minute read

Law.com

Magistrate Judge: 'Intent to Deprive' Must Be Proven to Fully Grant Spoliation Sanctions

A federal magistrate judge stopped short of issuing the harshest requested sanctions in a dispute over the deletion of electronically stored information, finding that a failure to preserve the data did not equal an "intent to deprive" the plaintiffs of it.
5 minute read

National Law Journal

'I'm Disappointed.' Lawyers React to SCOTUS Setting Aside Attorney-Client Privilege Case

The justices' order lets stand a decision from the U.S. Court of Appeals for the Ninth Circuit adopting the so-called "primary purpose" test, which requires that the main purpose of a communication be legal advice for it to be considered privileged.
5 minute read

Connecticut Law Tribune

Alex Jones' Texas Attorney Awaits Decision of Potential Discipline From Connecticut Judge

"It seems to me that, maybe, all bets are off in the case," Judge Barbara Bellis said.
4 minute read

The Legal Intelligencer

'They'll Get Theirs': Attorneys Strategize When Depositions Get Heated

"There's two major issues that have been popping up and appear to be more frequent than in pre-pandemic times," said ethics attorney Josh Byrne of Marshall Dennehey Warner Coleman & Goggin, "and those are attorneys berating other counsel or parties and attorneys coaching witnesses."
4 minute read

The Legal Intelligencer

Cost-Saving Measures Are No Excuse for Discovery Failures

While searching and retrieving information from platforms recently emerging in popularity (like Slack) is not always easy, courts are not sympathetic to the difficulties parties face during data collection and review since collection and review is possible with most reputable e-discovery vendors.
5 minute read

New York Law Journal

Navigating Cross-Border E-Discovery and Data Transfers in U.S. Litigation and Investigations

This follow-up article to 'Streamlining and Managing Complex E-Discovery' provides practice pointers for minimizing data transfers in complex, cross-border e-discovery matters.
8 minute read

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