Topic
Discovery
1,109 published works
Commercial Case Notes
New Commercial Division Rule Regarding Discovery Cost Shifting
By John Lundin
On October 19, 2026, the Office of Court Administration issued a new Commercial Division Rule 14-b regarding discovery cost shifting. The new rule provides: Rule 14-b. Discovery Cost Shifting. If,…
California Attorney's Fees
Requests For Admission: 4/3 DCA Publishes Cost-Of-Proof Order, Affirmed, To Emphasize RFAs Must Be Admitted Even Partially And Costs-Of-Proof Sanctions Must Be Precisely Delineated For The Work Incurred To Prove The Denied RFAs
In The End, $1,960 In Cost-Of-Proof Fees Were Awarded (Out Of A Requested $81,875) And $25,741.20 Routine Costs Requests Denied In Entirety. We do have a category entitled “Requests for…
New York Commercial Division Practice
Show Me the Money: New Commercial Division Rule 14-b Requires a Price Tag on Discovery Cost-Shifting Requests
By Thomas Daly
As anyone who has spent time litigating in the Commercial Division knows, few fights are as expensive, time-consuming, or contentious as those concerning discovery. The Commercial Division recently addressed issues…
New Jersey Foreclosure Defense Blog
Discovery in a Contested New Jersey Foreclosure: Documents, Depositions, and Motions to Compel
By John Fazzio
Featured image caption: Discovery turns a contested foreclosure from allegations into a documented record of the loan, payments, notices, transfers, and servicing activity. Short answer: Discovery is the formal process…
eDiscovery Bytes
The Discovery Timing Trap: What FTC v. Uber Teaches About Getting Structured Data Late in Discovery
A Northern District of California court agreed that transaction-level data the FTC wanted from Uber was relevant, then denied the motion to compel because it came six weeks before the…
News & Media Blog
Can an Insurance Company Use Your Social Media Against You After an Accident? Yes.
How Insurance Companies Use Social Media Against Your Injury Claim Facebook, YouTube, Instagram, TikTok, Reddit, Snapchat, and X (Twitter) are the most popular social media platforms today: most everyone from…
Roberts Disability Law Blog
Use It or Lose It: Court Won’t Strike Guardian’s Declaration in an ERISA Preemption Dispute After the Claimant Sat Out Discovery
In Hannon v. Guardian Life Insurance Company of America, No. 25-13431-LTS, 2026 WL 3093200 (D. Mass. Oct. 16, 2026), a Massachusetts federal court confronted a recurring question in ERISA litigation:…
eDiscovery Today Blog
The “Da Silva Moore of Generative AI” Is…
By Doug Austin
People have been waiting for the “Da Silva Moore of Generative AI” – the case that approves the use of GenAI in discovery review. It’s already here. The post The…
Gibson Dunn
France Elevates the Blocking Statute Within Its Economic Security Framework
French authorities are seeking to transform the Blocking Statute from a frequently contested procedural instrument into a more central pillar of France’s economic security framework, with significant implications for commercial…
Deandra Grant Law – Texas Criminal Defense & DWI Defense
Michael Morton: A Bandana, a Green Van & 25 Years
The short answer: Michael Morton spent nearly 25 years in a Texas prison for his wife’s 1986 murder. The prosecutor had reports pointing to another man, including the couple’s three-year-old…