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Discovery

1,110 published works

  1. Commercial Case Notes

    Decision to Allow Non-Party Pre-Hearing Discovery Is for the Arbitrator, Not the Court

    By John Lundin

    On April 24, 2024, Justice Doyle of the Monroe County Commercial Division issued a decision in Matter of Investcloud Inc. v. Siegal, 2024 NY Slip Op. 50469(U), holding that the…

  2. New York Commercial Division Practice

    Litigants Beware: New York Courts Admonish Entanglement in Arbitration Proceedings

    By Giuseppe Chiara

    Arbitration can be an effective alternative for parties seeking to avoid drawn-out and costly litigation. As a result, it has become common practice for parties to negotiate arbitration clauses into…

  3. eDiscovery Today Blog

    Broad Interpretation of Attachments Determined by Court: eDiscovery Case Law

    By Doug Austin

    In the case In re Uber Techs., Inc. Passenger Sexual Assault Litig., California Magistrate Judge Lisa J. Cisneros addressed outstanding ESI protocol disputes between the parties related to the handling…

  4. Ratschko Wallace Blog

    Discovery Failure leads to Serious Sanctions

    By Imke Ratschko

    In civil litigation, discovery is a crucial process that allows parties to exchange relevant information and build their cases. However, when a party fails to comply with discovery demands, the…

  5. The Law for Lawyers Today

    To review or not to review…links to a DropBox site

    By Amy G. McClurg

    You just figured out that the materials you got from opposing counsel include documents that may have been inadvertently included.  What should you do? Model Rule 4.4(b) provides a clear…

  6. HEIRS & SUCCESSES

    Probate, Mutual Wills, and the Harman Undertaking

    By Heirsandsuccesses

    In litigation, the process known as ‘Discovery’ requires the parties to provide each other with every document relevant to the case based on the pleadings; a party cannot refuse to…

  7. CALIFORNIA ATTORNEY'S FEES

    Arbitration, Requests For Admission: Arbitrator Award Of RFA Costs Of Proof Sanctions Reversed In Review Of Uninsured Motorist Arbitration Proceedings

    By Marc Alexander

    Only A Trial Judge Can Order Discovery Sanctions Under Uninsured Motorist Arbitration. We did know that uninsured motorist arbitrations are a niche area for practitioners in the area. That is…

  8. eDiscovery Today Blog

    General Objections Result in Waiver of Objections for Plaintiff: eDiscovery Case Law

    By Doug Austin

    In Bocock v. Innovate Corp. Delaware Vice Chancellor Paul A. Fioravanti Jr. granted the defendants' motion to compel discovery, ruling that the plaintiffs had waived all objections to the discovery…

  9. All About Advertising Law

    The FTC’s and DOJ’s New Magic Act: Vanished Messages Will Reappear in Discovery

    By Mary M. Gardner, Ellis McKennie, Leonard L. Gordon

    In late January, the Federal Trade Commission (FTC) and Justice Department (DOJ) announced a collaborative effort to update their instructions regarding preservation of electronic communications to targets of pre-litigation information…

  10. Constructlaw®

    Discovery (Disclosure) in US Construction Arbitration

    By Albert Bates, Zach Torres-Fowler, Jamey Collidge

    Accreditation: An extract from Thomas Reuters Practical Law. The full document is available at https://content.next.westlaw.com/practical-law/document/Ia6598a02a95a11ee8921fbef1a541940/Discovery-Disclosure-in-US-Construction-Arbitration. Troutman Pepper attorneys Albert Bates, Zach Torres-Fowler, and Jamey Collidge published a Practice Note explaining…