Discovery Legal News Coverage

National Law Journal

Plaintiffs Allege Comcast Failed to Preserve Work Records

By Lisa Hoffman | October 07, 2014

Plaintiffs in a proposed collective action alleging Comcast Corp. failed to pay overtime to certain employees have asked a Maryland federal judge to sanction the company for willful failure to keep rec-ords that would show how many hours the employees spent on the job.

2 minute read

The Legal Intelligencer

Brown v. Leger, PICS Case No. 14-1551 (C.P. Lackawanna Sept. 5, 2014) Nealon, J. (6 pages).

By | October 07, 2014

Discovery • Motor Vehicles • Negligence • Sanctions

3 minute read

The Legal Intelligencer

Venosh v. Henzes, PICS Case No. 14-1553 (C.P. Lackawanna Sept. 4, 2014) Nealon, J. (8 pages).

By | October 07, 2014

Discovery • Medical Malpractice • Peer Review Protection Act

3 minute read

The Legal Intelligencer

Extraterritorial Searches for Electronically Stored Information

By Leonard Deutchman | October 07, 2014

On Sept. 18, Sen. Orrin Hatch, R-Utah, along with Sens. Chris Coons, D-Del., and Dean Heller, R-Nev., introduced the Law Enforcement Access to Data Stored Abroad Act, or the LEADS Act, to amend the Electronic Communications Privacy Act and Stored Communications Act, 18 U.S.C. §§ 2701-2712, to, inter alia, require providers served with a search warrant to disclose the materials sought by a warrant "regardless of where such contents may be," if the account holder at issue is "a United States person" and such disclosure will not "violate the laws of a foreign country."

10 minute read

Commercial Litigation Insider

Eliminating Asymmetrical Discovery to Resolve Disputes on the Merits

By George A. Zimmerman and Giyoung Song | October 07, 2014

George A. Zimmerman and Giyoung Song of Skadden, Arps, Slate, Meagher & Flom write: The cost of discovery has become increasingly unmanageable and is hindering the resolution of cases on the merits. Parties must cooperate to curtail discovery to what is proportional to the needs of the case, and the courts are more inclined to seek good cause before compelling discovery, and shift costs to the requesting party when appropriate.

16 minute read

New York Law Journal

Microsoft Paves the Way for Data Privacy Battle

By H. Christopher Boehning and Daniel J. Toal | October 07, 2014

In their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal of Paul, Weiss, Rifkind, Wharton & Garrison write: Microsoft Corporation has found itself at the center of an intense legal battle regarding the ability of the United States government to subpoena data stored abroad. In addition to drawing the attention of constitutional law scholars, technology companies, and lawmakers, the case has also implicated some emerging areas of e-discovery practice.

13 minute read

New York Law Journal

Understand the Importance of a Global Discovery Platform

By David J. Kessler and Andrea L. D'Ambra | October 06, 2014

David J. Kessler and Andrea L. D'Ambra of Norton Rose Fulbright in New York write: While a company's business should not be to litigate, as companies spread out across the globe to reduce operational costs and find new customers and markets, they should globalize their discovery process and platform in order to respond to their new bigger information footprint in a cost effective and compliant manner.

15 minute read

New York Law Journal

Proposed Rule Changes Shorten and Streamline Pretrial Discovery

By Edwin M. Larkin | October 06, 2014

Edwin M. Larkin of Edwards Wildman Palmer in New York writes about proposed amendments to Federal Rules of Civil Procedure. By reducing the time it takes to get to the merits stage of a lawsuit, the drafters of the rules amendments hope to reduce the costs associated with litigation in the federal courts.

10 minute read

New York Law Journal

International Arbitration and E-Discovery: Rising to the Challenge

By Lorraine M. Brennan | October 06, 2014

Lorraine M. Brennan, a full-time arbitrator and mediator at JAMS in New York, writes: Leading arbitral institutions have promulgated various rules and/or guidelines that provide guidance for the parties and arbitrators with respect to the production of ESI, providing arbitrators with a great deal of control over the amount of e-discovery to be produced and controlling costs/shifting the burden of costs onto the party who is being unreasonable in its requests for such information.

13 minute read

New York Law Journal

Eliminating Asymmetrical Discovery to Resolve Disputes on the Merits

By George A. Zimmerman and Giyoung Song | October 06, 2014

George A. Zimmerman and Giyoung Song of Skadden, Arps, Slate, Meagher & Flom write: The cost of discovery has become increasingly unmanageable and is hindering the resolution of cases on the merits. Parties must cooperate to curtail discovery to what is proportional to the needs of the case, and the courts are more inclined to seek good cause before compelling discovery, and shift costs to the requesting party when appropriate.

16 minute read

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