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June 30, 2022 | New Jersey Law Journal

Malpractice Suit Alleges Law Firm Accepted Bonuses for Steering Client Into Arbitration

Judges Garry Rothstadt, Jessica Mayer and Arnold Natali Jr. said dismissing the case was "too drastic" a penalty for discovery violations and that lesser penalties were available.
3 minute read
April 06, 2022 | New Jersey Law Journal

Discovery Strategy in Sanctions Enforcement Cases

In anticipation of the need to advise clients on sanctions compliance, the possibility of enforcement actions, and during criminal investigations, this article discusses strategies for discovery litigation in the types of cases the Department of Justice (DOJ) has forecast.
10 minute read
July 16, 2018 | New Jersey Law Journal

Malpractice Claims Against Plaintiff Counsel in Prudential Litigation Rightly Dismissed, Court Rules

The malpractice suit alleged that lawyers for plaintiffs in the underlying case against Prudential made claims against the settlement proceeds for costs and expenses that were actually payments to other lawyers to perform legal work on the case.
1 minute read
April 03, 2017 |

Insurance Bad Faith, Peer Review to Highlight Supreme Court Session

With the Pennsylvania Supreme Court's argument session scheduled to begin Tuesday, the justices are set to consider a wide range of high-profile topics, from the requirement for proving an insurance carrier acted in bad faith to the discoverability of peer review documents.
7 minute read
April 03, 2017 | The Legal Intelligencer

Insurance Bad Faith, Peer Review to Highlight Supreme Court Session

With the Pennsylvania Supreme Court's argument session scheduled to begin Tuesday, the justices are set to consider a wide range of high-profile topics, from the requirement for proving an insurance carrier acted in bad faith to the discoverability of peer review documents.
4 minute read
Law Journal Press | Digital Book Massachusetts Legal Ethics & Malpractice 2017 Authors: James S. Bolan, Sara N. Holden View this Book

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September 01, 2016 |

The New, Data-Driven World of Firm E-Discovery Operations

Three law firms offer insight on their e-discovery operations strategies: what works, what doesn't, and what issues should be on firms' minds as they look towards the future.
48 minute read
December 31, 2015 |

Second Circuit Clarifies Scope of Rule 30(b)(6) Testimony

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp, analyze a case in which the court clarified the circumstances and manner in which a corporate party can supplement its prior deposition testimony through additional testimony or affidavits under Rule 30(b)(6) of the FRCP—here, testimony from a different witness that the opposing party claimed contradicted the first individual designated by the corporation to provide testimony on its behalf.
11 minute read
October 05, 2015 |

Proportionality: The (Not So) New Kid on the Block

Samantha V. Ettari of Kramer Levin Naftalis & Frankel writes: Proportionality—described only two years ago by one federal judge as "an all-too-often ignored discovery principle"—will soon be one of the primary considerations in defining the scope of discovery.
12 minute read

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