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New York Law Journal

What Are We Learning In Month 2? Litigating in a Global Pandemic: An Update

The pandemic is rapidly forcing changes in lawyer behavior and lifestyle that are accelerating the transformation of our business environment into a permanent 21st century world of electronic communications, virtual offices and networked interactions.
8 minute read

New York Law Journal

NRA Seeks to Renew Objections to Former Ad Agency's Production of Documents, Citing Privilege

The filing comes after New York County Supreme Court Justice Melissa Crane ruled in February that the ad agency, Ackerman McQueen, must comply with a subpoena from the Attorney General's Office.
3 minute read

Legaltech News

Gorsuch Comments Reveal Problematic Reality: Judges Lack E-Discovery Education

E-discovery had a brief cameo in a U.S. Supreme Court argument that could reshape presidential oversight. But e-discovery experts say Justice Neil Gorsuch's comments underscore a broader misconception of e-discovery in the judicial branch.
5 minute read

New York Law Journal

Court-Based Discovery in Aid of International Arbitration

In this Arbitration column, Samuel Estreicher discusses decisions that suggest we are likely to witness resort to discovery through the federal courts in a great many international arbitrations where the individual or entity from which documents or other information is sought has sufficient contacts with the Unites States to satisfy §1782's jurisdictional standards.
6 minute read

Legaltech News

Lawyers as Defendants: Email Exposed as Crime-Fraud Negates Attorney-Client Privilege

Navient Solutions v. Law Offices of Jeffrey Lohman provides a guide to the crime-fraud exception to the attorney-client privilege and a gentle reminder that a First Amendment argument based on the Noerr-Pennington Doctrine will get you absolutely nowhere in a discovery dispute.
8 minute read

Litigation Daily

Daily Dicta: Repeat After Me: It's a Bad Idea to Commit Discovery Fraud 

"A party who knowingly distorts or conceals the truth undermines the integrity of the process and maligns justice itself," wrote Senior U.S. District Judge Karon Owen Bowdre in Alabama.
5 minute read

Litigation Daily

Daily Dicta: Sorry (Not Sorry) Varsity Blues Parents—You're Not Off the Hook

U.S. District Judge Nathaniel M. Gorton in Massachusetts on Friday wrote that while the government's failure to turn over potentially exculpatory material promptly was ' irresponsible and misguided,' it was not willful.
6 minute read

Texas Lawyer

Sanction: Dallas Lawyers Discover Forged Corporate Documents, Win $60,000 Attorney-Fee Award

The documents that Alfa's CEO fabricated had made alterations to notes of emails, calls and communications between the companies, said plaintiffs attorney Austin Champion.
5 minute read

New York Law Journal

Judge Orders Inspection of Manhattan Federal Jail in Inmates' Lawsuit Over COVID-19 Response

The proposed class action, filed by attorneys from Covington & Burling, said the coronavirus was spreading "unmonitored and undetected" throughout MCC.
5 minute read

New York Law Journal

Are Non-Party Attorney Fees Recoverable as a Reimbursable ESI Production Expense?

In his State E-Discovery column, Mark A. Berman discusses a recent informative decision in laying out the factors that a court may consider in deciding whether to order the payment of non-party attorney fees.
6 minute read

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