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Explaining the Almost Unexplainable: Source Code Evidence at Trial

Part one of this two-part series explores early discovery considerations with source code evidence and their effect on trial.
6 minute read

New Jersey Law Journal

Attorneys Need Courts to Provide Better Guidance During Shutdown

Attorneys are in a state of confusion about how to proceed with discovery during the current public health crisis. We need more guidance as well as reassurance from the courts that we are not going to be "left out in the cold" once the emergency ends.
4 minute read

The Legal Intelligencer

Superior Court Continues to Shape Contours of Peer Review Privilege

The Pennsylvania Superior Court has waded once again into the murky waters of peer review privilege, this time laying out the requirements for a document to qualify for protection under the Patient Safety and Quality Improvement Act and clarifying the difference between a nonconfidential incident report and a peer review document covered under the Peer Review Protection Act.
7 minute read

Legaltech News

Recent E-Discovery Cases Spotlight IG Best Practices for Workplace Collaboration Tools

The cases are instructive on how organizations should structure the use and configuration of retention settings for collaboration tools as part of their information governance strategy.
6 minute read

Litigation Daily

Daily Dicta: "Massively Spoliated": Judge Issues Terminating Sanctions in Fight over Self-Driving Cars 

The fight between WeRide and AllRide, which are competing to bring self-driving cars to the Chinese market, stands out for what U.S. District Judge Edward Davila of the Northern District of California described as a "staggering" amount of destruction of potentially discoverable material.
6 minute read

The Legal Intelligencer

COVID-19 and E-Discovery: Values Change With Costs and Technology

In this month's article, I discuss workplace adjustments brought on by the coronavirus. In particular, we will examine the contrast between the pre-coronavirus articles, which focused upon the problems arising from the changes in the workplace brought on by the new, numerous digital tools, and the current articles.
13 minute read

The Recorder

Recent US Federal Court Ruling Permits Discovery in Aid of CIETAC Proceeding

The U.S. District Court for the Northern District of California has permitted a party in an international commercial arbitration to take depositions and obtain documents from third parties for use in arbitration administered by the China International Economic and Trade Arbitration Commission (CIETAC) in Beijing.
10 minute read

New York Law Journal

Obtaining Discovery From a Foreign Corporation Through Its Domestic Affiliate

Parties to civil litigation often seek to obtain records held by foreign companies by subpoenaing their U.S. subsidiaries or affiliates. In such circumstances, the subpoenaing party must demonstrate that a close relationship exists between the foreign and domestic entities. In this edition of their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss a recent case involving this issue.
10 minute read

The Recorder

Judge Seeks to Solve Discovery Spat in Facebook Privacy Suit ... With Zoom

U.S. Magistrate Judge Jacqueline Scott Corley advocated for informal, virtual face-to-face communication and understanding during these unprecedented times.
3 minute read

New York Law Journal

A Look Ahead at Personal Injury Litigation in the Wake of the Pandemic

As the pandemic continues, there will no doubt be increasing pressure to conduct various proceedings, formally (such as court conferences) or informally (such as meetings with clients and experts).
8 minute read

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