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Texas Lawyer

McKool Smith Seeks 'Exceptional' Finding in $15 Million Win

In patent litigation pitting Droplets against Sears and Overstock, McKool Smith argues the $15 million verdict their client won rates as an outcome for an "exceptional" finding, but opposing counsel from Bracewell & Giuliani have filed a motion for a new trial.
3 minute read

Texas Lawyer

Judge Denies Plaintiff Attorney Fees, Issues Sanctions Against Defendant

Litigation between art collectors led to a $1.2 million jury verdict that a federal judge overturned in part. This month, the same judge denied plaintiff attorney fees for her victory but granted in part the post-final judgment sanctions plaintiff sought against a defendant.
4 minute read

Delaware Business Court Insider

Technological Incompetence Doesn't Excuse Discovery Failures

In imposing strict evidentiary and monetary sanctions for a party's repeated failure to produce requested electronically stored information, the Delaware Court of Chancery recently observed that counsel's "professed technological incompetence is not an excuse for discovery misconduct."
6 minute read

The Legal Intelligencer

Commonwealth v. Marston, PICS Case No. 15-0385 (C.P. Allegheny Nov. 18, 2014) Williams, J. (7 pages).

By | March 17, 2015
Motor Vehicles • Discovery • DUI • BAC Results
4 minute read

New York Law Journal

Protective Orders in the Age of Hacking

David J. Kessler, Jami Mills Vibbert and Alex Altman of Norton Rose Fulbright US write: In the digital age, the bench and bar should recognize that protective orders should be drafted not only to prevent misuse of sensitive information by parties to a litigation, but to reduce the risk of avoidable data breaches committed by nefarious third parties.
13 minute read

Texas Lawyer

Judge Scolds DOJ Over Immigration Procedures

Texas AG triggered the order by filing a motion alleging discrepancies in federal government's timeline regarding when it began processing DACA applications.
3 minute read

The Recorder

Judge Says NPE Must Pay Adobe 'Exceptional Case' Fees

A discovery slipup by Digital Reg of Texas and a last-minute change in witness testimony were enough to score Adobe a modest attorney fee award, though not as much as the company's lawyers had asked for.
4 minute read

New York Law Journal

Move Your Discovery Onto a Smarter Path

Barry M. Kazan, a partner at Thompson Hine, writes: New ways to achieve efficiency and predictability include how technology is used, different pricing models and different allocations of workflow. While these approaches are not necessarily exclusive, each of them provides certain benefits if used properly.
13 minute read

New York Law Journal

How Do You Handle 500 Truckloads of Emails?

Chris O'Reilly of LDM Global and Dan Meyers of Bracewell & Giuliani write: Depending on the case, there could be 100,000, 500,000 or one million emails to review in discovery. This may seem like a daunting task, but with the availability of modern technology to gather emails and email threading software to organize them, it need not be.
8 minute read

New York Law Journal

Stay Clear of Form Preservation Letters

Joseph Francoeur, a partner at Wilson Elser Moskowitz Edelman & Dicker, writes: Compliance with the duty to preserve requires an "active partnership" between the attorney and the client. As such, an attorney cannot rely on any letter, much less a form letter.
14 minute read

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