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Corporate Counsel

Corporations Moving Into the E-discovery Driver's Seat

Today's corporate clients want to take a more active role in important decisions throughout the e-discovery process.
8 minute read

New York Law Journal

Reed Construction Data Inc. v. The McGraw-Hill Companies, Inc.

Preclusion of Declarations Supporting One Party's Theory of the Case Is Explained
1 minute read

Commercial Litigation Insider

Law Evolves in Favor of Disclosure From Nonparties

Richard H. Bliss writes that although the requirements for obtaining disclosure from nonparties in New York civil practice have been relaxed over the past 30 years, questions regarding the availability of such disclosure have troubled the courts and practitioners alike. This term, the Court of Appeals resolved a disagreement in the Appellate Division as to the substantive requirements for obtaining such disclosure.
12 minute read

Commercial Litigation Insider

Thinking Creatively to Solve Lengthy Discovery Disputes

Inherent in the culture of state commercial litigation practice today are prolonged discovery disputes—a particular thorn in the side for judges asked to compel the production of documents or even impose sanctions.
6 minute read

Corporate Counsel

Using Translation Tech For Foreign Language E-discovery

Incorporating translation technology and best practices into the foreign language e-discovery process increases productivity and reduces overall costs.
7 minute read

New York Law Journal

Law Evolves in Favor of Disclosure From Nonparties

Richard H. Bliss writes that although the requirements for obtaining disclosure from nonparties in New York civil practice have been relaxed over the past 30 years, questions regarding the availability of such disclosure have troubled the courts and practitioners alike. This term, the Court of Appeals resolved a disagreement in the Appellate Division as to the substantive requirements for obtaining such disclosure.
12 minute read

New York Law Journal

Medical Exam Ordered in Eviction Proceeding

A tenant who claims a medical condition temporarily kept him from living full-time in his rent-stabilized Fifth Avenue apartment must undergo a medical examination as part of a non-primary residence eviction proceeding brought by his landlord, a judge has ruled.
4 minute read

National Law Journal

Dialysis Product Plaintiffs Object to Doctor Interviews

Plaintiffs who allege they were hurt or killed because of defective dialysis products are protesting the request by a large chain of dialysis clinics to conduct ex parte interviews with medical directors who work as independent contractors at the defendant's outpatient clinics.
3 minute read

Commercial Litigation Insider

Maintaining Privilege in the Age of E-Discovery

Lauren E. Aguiar and Julie E. Cohen of Skadden, Arps, Slate, Meagher & Flom write: The newly proposed Commercial Division rule relating to privilege log practice is intended to "promote more efficient, cost-effective pretrial disclosure." In light of existing federal and state case law, however, it is unclear whether and to what extent the rule will in fact lessen the burden on practitioners.
16 minute read

New York Law Journal

New Rule 37(e) Overrules Second Circuit on Sanctions for Loss of ESI

In their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal, litigation partners at Paul, Weiss, Rifkind, Wharton & Garrison, write: A new e-discovery rule leaves judges with a great deal of discretion in terms of imposing curative measures and requiring exceptional efforts to retrieve less accessible information. Therefore, much remains to be seen in terms of how this new Rule plays out.
11 minute read

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