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New York Law Journal

Wachtell's Suit Against CVR Energy Dismissed

Wachtell Lipton and CVR have now litigated themselves to a draw, with the suit each filed against the other having been dismissed.
3 minute read

New York Law Journal

Court Quashes Non-Party Subpoena as Unduly Burdensome

Compliance with Rule 45 subpoenas can subject non-parties to significant burden and expense. Limited case law and secondary sources on this topic leave non-parties with little guidance on the best way to mount effective challenges to non-party subpoenas. But a recent decision from the Northern District of California and new commentary from The Sedona Conference may help change that, which H. Christopher Boehning and Daniel J. Toal discuss in this edition of their Federal E-Discovery column,
9 minute read

New Jersey Law Journal

EU Privacy Argument Rejected in Battle to Identify Mercedes-Benz Document Custodians

U.S. Magistrate Joseph Dickson said a confidentiality order covering discovery sufficiently protects unredacted personal data of EU citizens.
3 minute read

New York Law Journal

Successfully Defend Against Discovery on Discovery Requests

You will be much more likely to succeed in defending against a discovery on discovery attack if you have already been transparent about the discovery process early in the litigation, and if you have received some input and cooperation from opposing counsel regarding your proposed discovery plan.
8 minute read

New York Law Journal

Are Emails Actually Business Records? It Depends.

Litigators need to be aware of the inquiries courts make to determine if an email constitutes a business record and alternative options to get emails admitted.
8 minute read

New York Law Journal

AI-Enabled Processes: And You Thought E-Discovery Was a Headache!

As AI development intensifies and the courts begin to create new and perhaps enduring case law about its use and admissibility, the next decade will require increased vigilance on the part of legal professionals.
7 minute read

New York Law Journal

Redactions Are Not the Problem, They Are a Solution

Because of heightened privacy and data security risks, the time has come to change the culture around the use of redactions in civil discovery.
9 minute read

New York Law Journal

Global Privacy Rules Intersect With Discovery Obligations

There appears to be some momentum for a national comprehensive personal data privacy law in the United States, which could address some of the conflicting issues related to PII disclosures in litigation discovery.
9 minute read

Daily Report Online

How Not to Handle Potential Spoliation of Evidence: A Case Study

Discovery is grounded in reasonableness, not perfection.
5 minute read

Law.com

Chamber, ACLU, File Amicus Briefs in Pharmacies' Opioid Petition

The U.S. Chamber of Commerce, Lawyers for Civil Justice and the American Civil Liberties Union filed proposed amicus briefs Friday in a petition before the U.S. Court of Appeals for the Sixth Circuit challenging court orders in an upcoming trial over the opioid crisis.
6 minute read

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