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June 16, 2014 |

From the Bench: Patent, IP Talk Straight From Federal District Judges

"And I would suggest that you maybe want to consider being more agreeable with each other, lest you be found to have altered the flow of litigation to an extent that attorney fees are advisable," U.S. District Judge David Godbey of the Northern District in Dallas.
33 minute read
June 04, 2014 |

Maintaining Privilege in the Age of E-Discovery

Lauren E. Aguiar and Julie E. Cohen of Skadden, Arps, Slate, Meagher & Flom write: The newly proposed Commercial Division rule relating to privilege log practice is intended to "promote more efficient, cost-effective pretrial disclosure." In light of existing federal and state case law, however, it is unclear whether and to what extent the rule will in fact lessen the burden on practitioners.
15 minute read
June 02, 2014 |

Maintaining Privilege in the Age of E-Discovery

Lauren E. Aguiar and Julie E. Cohen of Skadden, Arps, Slate, Meagher & Flom write: The newly proposed Commercial Division rule relating to privilege log practice is intended to "promote more efficient, cost-effective pretrial disclosure." In light of existing federal and state case law, however, it is unclear whether and to what extent the rule will in fact lessen the burden on practitioners.
15 minute read
May 27, 2014 |

Linking In to a New Source of Evidence in Commercial Disputes

Authentication of social media information presents the newest layer of evidentiary challenges to admissibility.
7 minute read
April 23, 2014 |

Court Allows Wiretap To Follow the Mobile Phone

A wiretapped cellphone conversation between two people having no contact with New Jersey was found admissible in the Supreme Court of New Jersey.
4 minute read
Law Journal Press | Digital Book America Invents Act (AIA) Handbook: A Guide to the Patent Law Reform of 2011, The, 2015 Edition Authors: Mary Anthony Merchant View this Book

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April 15, 2014 |

Obtaining Evidence in England for U.S. Proceedings

James Drake, a barrister and examiner in London, and David Spears, a partner at Spears & Imes, write: A lawyer in legal proceedings in the United States can readily compel the production of evidence in England for use in U.S. proceedings, including both documents and sworn testimony. However, in keeping with the fact that the English rules governing civil litigation do not allow for U.S.-style pretrial discovery, there are important limitations on what a U.S. lawyer can seek and obtain in England.
15 minute read
April 14, 2014 |

The Not So 'Common' Interest Privilege Applied to M&A Deals

John J. Calandra and Sandra Saunders of McDermott Will & Emery explore cases that demonstrate the stringent limitations that New York courts place on the common interest privilege when asserted in the context of an M&A deal; review and compare Delaware's broader approach to the common interest privilege; and examine which state's common interest privilege rules apply, and how parties may better shield the privilege through carefully drafted merger and sale agreements.
13 minute read
April 14, 2014 |

'Daubert' Challenges at the Class Certification Stage: Another Hurdle

Douglas Smith and Joel Blanchet, litigation partners at Kirkland & Ellis, write about the strong trend toward a rigorous analysis of expert opinion testimony of the class certification stage, which is likely to continue in the future.
10 minute read
March 04, 2014 |

In re Grand Jury Subpoena, PICS Case No. 14-0299 (3d Cir. Feb. 12, 2014) Fisher, J. (23 pages).

Attorney-Client Privilege • Crime-Fraud Exception • Foreign Corrupt Practices Act
4 minute read
March 04, 2014 |

In re Grand Jury Subpoena, PICS Case No. 14-0299 (3d Cir. Feb. 12, 2014) Fisher, J. (23 pages).

Attorney-Client Privilege • Crime-Fraud Exception • Foreign Corrupt Practices Act
4 minute read

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