Stories about discovery battles, trends in discovery
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
By Lisa Willis | November 3, 2023
"Not even the Grinch would stab Santa in the back like this." -Etan Mark, Mark, Migdal & Hayden, Miami
5 minute read
By Patricia E. Antezana | October 31, 2023
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
By Kelly A. Lavelle | October 26, 2023
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
By Lisa Willis | October 25, 2023
"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
By Charles Toutant | October 23, 2023
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
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ShapiroCroland Attorneys at Law Take Pleasure in Announcing that VALERIE A. VLADYKA HAS JOINED THE FIRM AS COUNSEL Valerie concentrates her practice in Insurance coverage, Commercial Litigation and Probate Matters 411 Hackensack Avenue, Hackensack, New Jersey 07601 Telephone: (201) 488-3900 | Telecopier: (201) 488-9481 |www.shapiro-croland.com November 2023
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