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New York Law Journal

Solo Faces Sanction for Litigation Conduct

Richard Savitt, a solo practitioner who has been repeatedly scrutinized by judges, is facing another $10,000 sanction for conduct a Manhattan judge found frivolous.
2 minute read

National Law Journal

Dialysis Defendant Objects to 'Adverse Event' Discovery

An operator of dialysis clinic argues it should not have to produce hard copies of information about “adverse events” involving its patients because it would require searching records at 2,100 clinics with a client base of 170,000 patients in 2013.
2 minute read

The Recorder

Petrie v. Electronic Game Card, Inc.

5 minute read

The Legal Intelligencer

The Hague Convention: A Primer on Conducting Discovery Abroad

As the world becomes increasingly globalized, lawyers are more than ever involved in litigating matters for or against people and organizations that are involved in disputes within the United States, but are located in foreign jurisdictions. In these circumstances, domestic practitioners likely will need to obtain evidence from sources located in foreign nations with which they have little prior professional experience. For those attorneys who seldom encounter an international issue, conducting discovery abroad can be both confusing and overwhelming, but a brief review of some of the sources governing the process can help alleviate any anxiety associated with pursuing an international claim.
6 minute read

The Legal Intelligencer

Avoiding Discovery Disputes Over Attorney-Client Privilege

Companies often wind up in disputes concerning the discovery of reports, memoranda, emails and other documents written by their in-house lawyers in connection with prospective business transactions. Such disputes can raise difficult questions about the scope of the attorney-client communication privilege. No matter what the expectations of in-house lawyers and company executives, it can be hard to predict whether a court will shield such documents from discovery or compel them to be produced to other parties. And the disclosure of potentially privileged documents containing sensitive information and advice can have serious ramifications—not only for a specific case but for a company's long-term interests and objectives.
8 minute read

The Legal Intelligencer

Venosh v. Henzes, PICS Case No. 14-1129 (Pa. Super. July 11, 2014) (memorandum) Strassburger, J. (32 pages).

Privilege • Patient Safety Quality Improvement Act • Peer Review Protection Act
4 minute read

Texas Lawyer

After Spoliation Decision, Businesses Should Reconsider Limited-Duration Retention Policies

With respect to litigation, these businesses assume the risk that their retention policies comply with their duties to preserve evidence that may be material and relevant to a claim or defense.
5 minute read

Law.com

USDA's Tom Vilsack Escapes Depo in Sherrod-Breitbart Feud

U.S. Department of Agriculture Secretary Tom Vilsack will not have to sit for a deposition in the defamation case between former department administrator Shirley Sherrod and the late blogger Andrew Breitbart, a federal appeals court in Washington ruled on Thursday.
2 minute read

Texas Lawyer

After Spoliation Decision, Businesses Should Reconsider Limited-Duration Retention Policies

With respect to litigation, these businesses assume the risk that their retention policies comply with their duties to preserve evidence that may be material and relevant to a claim or defense.
5 minute read

National Law Journal

Texas Court Overturns Discovery Sanction in Leak Case

The Texas Supreme Court has dismissed a $1.2 million judgment against Petroleum Solutions Inc. over a diesel spill, finding that the trial court abused its discretion by imposing spoliation sanctions against the company when there was no proof it intentionally lost or destroyed evidence.
2 minute read

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