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November 22, 2023 | The Legal Intelligencer

My Dog Ate My Emails: Document Retention and the Duty to Preserve in 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
November 17, 2023 | New Jersey Law Journal

'A Discovery Motion May Cost You 5 Grand': Lawyers Unhappy With Court Solution

"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
November 03, 2023 | Daily Business Review

'Santa' and 'Elves' Sue in Miami Court—and the Litigation Is Escalating

"Not even the Grinch would stab Santa in the back like this." -Etan Mark, Mark, Migdal & Hayden, Miami
5 minute read
October 31, 2023 | The Legal Intelligencer

Remember Courts' Power to Limit Discovery With Rule 26(b)(2)(C)

One mechanism that courts can use to limit discovery is Federal Rule 26(b)(2)(C). Rule 26(b)(2)(C) instructs that a court must limit the frequency or extent of discovery if it determines that: "the discovery sought is unreasonably cumulative or duplicative, or can be obtained from some other source that is more convenient, less burdensome, or less expensive; the party seeking discovery has had ample opportunity to obtain the information by discovery in the action; or the proposed discovery is outside the scope permitted by Rule 26(b)(1)."
7 minute read
October 26, 2023 | The Legal Intelligencer

Technology-Assisted Review: A Superior Approach in Legal Document Review

As technology continues to advance, legal professionals should embrace TAR as an invaluable tool in the search for efficient, accurate, and cost-effective legal document review.
6 minute read
Law Journal Press | Digital Book Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner View this Book

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October 25, 2023 | Daily Business Review

Miami Lawyers Face Off Against the 'Hand of God'

"We know that some people will always defend [Diego] Maradona no matter what, and that is not only fine, but also beside the point of this case," attorney Paula Aguila said.
4 minute read
October 23, 2023 | New Jersey Law Journal

Stuck With Special Master Costs Amid a Judge Shortage, a Plaintiff Wants the State to Foot the Bill

The state is generally immune from suits, and the state's decisions concerning hiring judges are personnel decisions that are protected by the Tort Claims Act, the Attorney General's Office said in a court filing.
5 minute read
October 19, 2023 | Law.com

How Lawyers Are Already Wielding Upcoming Changes to Expert Evidence Rules

At a Sept. 6 status hearing, lawyers on both sides of the talcum powder lawsuits against Johnson & Johnson debated the impact of the upcoming amendments to Federal Rule 702 of Evidence.
6 minute read
October 17, 2023 | The Legal Intelligencer

Pa. Justices See Risk of Eroded Patient Protections in Defense's Discovery Rule Interpretation

"You could always take the treating physician to the law firm and then, voila, they're the client," Justice Sallie Mundy said.
3 minute read
October 17, 2023 | New York Law Journal

A Cautionary Lesson for Boards When Faced With Shareholder Demands for Books and Records

Jeffrey Lang and Colin Bridge provide an in-depth discussion of 'Ontario Provincial Council of Carpenters' Pension Trust Fund v. Walton,' where the Delaware Court of Chancery provided a cautionary lesson for corporate boards and their counsel on the risks of sharply limiting the scope of responses to shareholder demands for information.
16 minute read

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