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New York Court of Appeals Clarifies Common Interest Doctrine
Daniel A. Cohen of Walden Macht & Haran discusses the recent 'Ambac' decision, in which the Court of Appeals held that the existence of a joint legal strategy is a necessary, but not sufficient, condition for applying the common interest doctrine and that the existence of actual or anticipated litigation is additionally required in order for the doctrine to apply.
8 Steps to Carrying Out a Timely Disclosure Exercise
A timely disclosure should have counsel plan ahead and to anticipate problems before they arise by following these steps.
Overcoming E-Discovery Failures and the Challenges Arising During a Disclosure Exercise
Partner Tess Blair and senior associate Afzalah Sarwar of law firm Morgan Lewis examine the challenges that arise during a disclosure exercise.
Courts' Revised Rules Affect Employment Litigation
Discovery limited to information relevant to parties' specific claims.
Courts Apply Revised Rules, and Limit Discovery in Employment Litigation
The recently amended federal discovery rules are dramatically changing the playing field in employment litigation, with courts quashing and narrowing what was previously commonplace discovery.
Third-Party Subpoenas Found to Violate Discovery Rules
A restaurant group being sued for discrimination was criticized by a federal magistrate judge for sending out third party subpoenas to a plaintiff's former employers.
Miami Federal Court Becomes Hotbed for MDL Cases
The Southern District of Florida will see five multidistrict litigation cases proceed in 2016, including the giant Takata air bag case and about $1 billion in overdraft fee claims against Wells Fargo.
Evidence Preservation Failures of Nonparties: Is There Any Recourse?
Dana Post and Samuel Rubin of Freshfields Bruckhaus Deringer US write: While the case law governing nonparty preservation is still evolving and varies widely across states and circuits, nonparties may expose themselves to liability for failure to preserve evidence that is relevant to a litigation.
Securing a Document Review Center: A Practical Guide
Some key factors to effectively maintain data security during the document review phase of e-discovery, and in particular securing document review centers against malicious and inadvertent data leaks.
Employers Tackle Bias Claims by Spotlighting EEOC Policy
Facing allegations that they discriminated against black job applicants by using criminal background checks to vet potential hires, Dollar General and BMW both tried to shine a spotlight on the EEOC's own hiring policies, with differing results.TRENDING STORIES
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