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New York Law Journal

Purolite Corp. v. Hitachi America, Ltd.

Firm Qualifies for 28 USC §1782 Discovery But Its Subpoenas Cannot Be Approved
3 minute read

The Recorder

Jury's Still Out: 3 Ways Technology Is Trying to Aid in Jury Selection

There are some new developments in technology aimed at helping attorneys maneuver through voir dire. They're not all particularly helpful.
10 minute read

New York Law Journal

U.S. Supreme Court Speaks on Discovery Sanctions

Although the Supreme Court's decision in 'Goodyear' mandates that a court's award of monetary discovery sanctions must be causally-proportional to the misbehavior, it also may stimulate a rush by some litigators to assert so-called "discovery tort" claims, even after settlements are believed to have ended the litigation.
18 minute read

The Legal Intelligencer

Ignelzi v. Ogg, Cordes, Murphy and Ignelzi, LLP, PICS Case No. 17-0672 (Pa. Super. April 19, 2017) Strassburger, J. (15 pages).

Court found that partners presented no reviewable issues in their appeal of trial court's discovery order, in dispute over the dissolution of a law partnership, because despite trial court's rule 341(c) certification, the order was not appealable under the clear language of that rule, the order did not satisfy the separability prong of the collateral order doctrine and partners presented no facts and no privilege log to meet their burden to assert facts to establish the applicability of attorney-client privilege. Appeal quashed.
5 minute read

Legaltech News

Consulting Firm Morae Legal and E-Discovery Provider Clutch Group to Merge

The merged company Morae Global Corporation is expected to expand both companies' ranges of compliance products and services.
5 minute read

Legaltech News

Consulting Firm Morae Legal and E-Discovery Provider Clutch Group to Merge

The merged company Morae Global Corporation is expected to expand both companies' ranges of compliance products and services.
5 minute read

New York Law Journal

ESI Evidence: Authentication and Hearsay Issues

In his State E-Discovery column, Mark A. Berman writes: It is remarkable how few New York state court decisions exist addressing the authentication of and hearsay objections to ESI, and that may be because litigators do not appreciate how vulnerable ESI can be to attack and how to properly frame and then support opposition to its use when it has been relied upon as a basis for a dispositive motion. He discusses recent cases that may serve as a starting point for New York litigators when arguing evidentiary issues concerning ESI.
13 minute read

Legaltech News

Can Fitbit Records Lead to a Murder Conviction?

The use of the wearable device in a recent Connecticut case shows how data collected by such technology can make their way into court proceedings.
8 minute read

The Recorder

Remedying Inadvertent Disclosures With Clawback Agreements

With the Federal Rules of Evidence (and Procedure), attorneys can protect themselves from the risk of an inadvertent disclosure. Being proactive by utilizing clawback agreements early in discovery is a significant, valuable step. Using these protocols can limit the damage if and when an inadvertent disclosure occurs.
11 minute read

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