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Daily Report Online

Protect Against the Threat of Sanctions With a Well-Crafted Legal Hold Memo

Whenever e-discovery comes up, you can almost always count on the topic to include a discussion of sanctions. That's not an accident. There has been an uptick in both the volume of filings asking for discovery sanctions and orders granting those requests. And, for better or for worse, these trends don't seem to be at risk of abating.
6 minute read

Law.com

Boies Wins Discovery Fight in Bank of China Terror Funding Case

Over the objections of defense lawyers at Dorsey & Whitney and Squire Patton Boggs, Bank of China was ordered to turn over internal investigation records that could help plaintiffs tie the bank to a 2006 Palestinian terrorist attack.
4 minute read

New York Law Journal

Judgment Enforcement Against Foreign Debtors

In their International Litigation column, Lawrence W. Newman and David Zaslowsky write that when a judgment debtor is foreign and has no ongoing business operations and no visible assets, the usual approach of enforcing a judgment against it by identifying assets and levying on them becomes more challenging. Two recent, related New York decisions illustrate the difficulties in pursuing certain foreign debtors.
11 minute read

New Jersey Law Journal

Judge Expands Legal Mal Discovery Where Underlying Case Settled

A federal judge in Newark has ruled that a lawyer facing a legal malpractice suit in connection with a wrongful death case may conduct discovery of potentially mitigating evidence about the accident, even if it was not explored in the underlying case.
5 minute read

Corporate Counsel

How to Obtain Social Media Data for Defending Lawsuits

To conduct formal discovery of social media user content, counsel need to understand how each site stores and communicates its data.
12 minute read

Corporate Counsel

In E-discovery, Show Me the Money

In order to conduct cost-effective e-discovery, you must focus on the "money documents."
2 minute read

Law.com

Human Rights Lawyer Defends Actions in Chiquita War Crimes Case

Chiquita's lawyers at Covington & Burling say Terry Collingsworth may have proposed paying former Colombian paramilitaries to give false testimony. Collingswoth maintains that the plaintiffs did nothing wrong, and that Chiquita just wants to postpone a reckoning of its conduct in Colombia's bloody civil war.
5 minute read

New Jersey Law Journal

Sanctions Denied for Release of Email in Derailment Case

A lawyer for plaintiffs suing Conrail over a 2012 train derailment in Paulsboro, N.J., that released toxic vinyl chloride gas will not be sanctioned for sharing an email from the government investigation with the media, a federal judge has held.
6 minute read

New Jersey Law Journal

E-Discovery: Don't Be Afraid to Be Smart—Select While You Collect

A smarter approach to e-discovery: Start with specification of issues and desired information in English, not keywords.
6 minute read

Daily Report Online

Judge Warns Against Sealing Documents in Home Depot Data Breach Cases

A federal judge in Atlanta has told lawyers in litigation over credit and debit card security breaches at The Home Depot that he will reject attempts to seal large portions of the court record.
6 minute read

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