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Corporate Counsel

Balancing the Equation Between Technology and Effective Legal Project Management

In this new article series, we explore where the balance point between technology selection/use and an effective legal project management approach exists to solve critical business use case challenges.
8 minute read

The Legal Intelligencer

'The Sanction of Spoliation Is Devastating': Ruling on Slip-and-Fall Video Could Raise Stakes for Evidence Preservation

The Pennsylvania Supreme Court has declined to review a Superior Court ruling that a grocery store spoliated evidence when it deleted portions of a surveillance video the plaintiff had requested in a slip-and-fall case, letting stand a precedential decision that one civil litigator said should give pause to business owners and lawyers on both sides of the courtoom aisle.
6 minute read

New York Law Journal

Donald Trump's Lawyers Reject Delayed Deposition Schedule in Defamation Case

Roberta Kaplan accused Trump of "cherry-picking" cases, asserting immunity from some lawsuits and moving forward with others. She said the volume of Trump's personal litigation is unlike that of any previous president.
4 minute read

The Legal Intelligencer

Discovery Rule Extends Fraudulent Transfer Look-Back Period

As we all know, understanding the applicable statute of limitations for bringing a claim is of critical importance. When bankruptcy is involved, the typical result under state law can be affected by a bankruptcy filing.
7 minute read

Legaltech News

Electronic Discovery and Seizure Orders Under the Defend Trade Secrets Act

Philip Favro provides a brief overview of DTSA seizure orders and discusses e-discovery considerations in connection with those orders.
6 minute read

New Jersey Law Journal

Sexual Harassment Plaintiff Seeks New Trial on Punitives, Alleging PNC Bank Hid Evidence

Scott claimed that PNC failed to take steps to protect her from assault by a regular customer at the bank.
4 minute read

New Jersey Law Journal

Panel Reinstates Suit Over McCusker Anselmi's Effort to Block Fast-Food Eatery

Dismissal of the suit based on a failure to comply with a discovery order was an abuse of judicial discretion because no consideration was given to a lesser sanction, the appeals court said.
5 minute read

Daily Report Online

Filters, Curse Words and 'Lessons Learned': Tips on Discovery Searches

The point of document review is not to review documents. The point of document review is to identify relevant documents for depositions, cross-examination, etc.
5 minute read

New York Law Journal

Avoiding Other Potential Pitfalls in Arbitration Expert Discovery

Relying on assumptions about how things are usually done, or how the arbitrator(s) will eventually decide they ought to be done, can result in very unpleasant surprises.
7 minute read

Law.com

Eighth Circuit Clarifies Circumstances in Which Opposing Counsel May Be Deposed

On Dec. 27, 2019, the Eighth Circuit affirmed a district court's denial of a party's request to depose opposing counsel in a pending case. The Eighth Circuit reaffirmed the standard it set forth in 'Shelton v. American Motors', 805 F.2d 1323 (8th Cir. 1986), and clarified that under the 'Shelton' test, a party may depose opposing counsel only if the information sought is: (1) not available through other means; (2) relevant and nonprivileged; and (3) crucial to the preparation of the case.
5 minute read

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