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Stories about discovery battles, trends in discovery
By Stephanie Wilkins | December 27, 2023
Legal industry experts make their picks for the biggest developments impacting e-discovery in the past year.
6 minute read
By Justin Henry | December 26, 2023
Plaintiff Zoya Kovalenko's original complaint against drew notice for inadvertently including comments that highlighted perceived weaknesses in her argument.
5 minute read
By Colleen Murphy | December 18, 2023
"Having reviewed the record, we discern no abuse of discretion in the trial court's determination as it relates to the counterclaims," the opinion said. "In short, ARF simply did not provide Seaside with any information that would support the counterclaims. Moreover, Seaside was prejudiced by those non-responses because without that information it could not prepare a defense or even move for summary judgment."
5 minute read
By Allison Dunn | December 18, 2023
"The correct application of the discovery rule will be dispositive of all of the state law claims in this case," U.S. District Judge Nathaniel M. Gorton wrote. "If the discovery rule tolls the statute of limitations, the state claims survive; if not, those claims are time-barred. Furthermore, the discovery rule as interpreted by the SJC will substantially inform this Court as to whether laches bar the two federal law claims."
5 minute read
By Amanda Bronstad | December 8, 2023
The deposition request, in a class action in Florida, comes one day after a federal judge ordered Zhao to remain in the United States until his sentencing on Feb. 23.
4 minute read
By Charles Toutant | December 4, 2023
Plaintiffs lawyer Jon Green said he heard messages of encouragement from lawyers whose clients were faced with fees of as much as $1,500 an hour in cases ranging from police civil rights to clergy sexual abuse.
5 minute read
By Ross Todd | November 30, 2023
Latham partner Kevin McDonough and associate Megan Behrman led an effort to gather testimony in a civil case in Nevada state court from witnesses in Portugal, Spain, South Africa, and Canada for freelance platform Toptal, whose employees have been remote since the company's founding.
6 minute read
By James P. Chou and Kelly D. Schneid | November 27, 2023
This article starts with a discussion on the current CPLR 3212(b)'s legislative history and proceeds to an examination of how courts have attempted to harmonize CPLR 3212(b) with CPLR 3101(d)(1)(i) and other procedural rules intended to ensure timely and orderly process, including Commercial Division Rule 13(c), which governs expert disclosure in the commercial part, and CPLR 3126, which addresses the court's discretion in imposing sanctions for violations of a discovery order.
8 minute read
By Diana C. Manning, Benjamin J. DiLorenzo and Kyle A. Valente | November 22, 2023
This article examines the duty to preserve evidence in the context of impending or ongoing litigation, what constitutes spoliation of evidence, and the potential consequences that flow from failing to implement sufficient safeguards.
6 minute read
By Charles Toutant | November 17, 2023
"I think that judges generally are mindful about the fact that the litigants are paying themselves when they go to a discovery master," said Lisa Crystal, a former Superior Court judge who now is practicing alternate dispute resolution with Brach Eichler.
7 minute read
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