Topic
Discovery
1,110 published works
eDiscovery Watch
Disproportionality in Discovery and Encryption
In Estate of Daher, by and through Daher v. LSH Co. (E.D. Pa. July 12, 2023), the plaintiff, seeking to recover the proceeds of a life insurance policy, served subpoenas…
Unpredictable
Comments on Recent Cases: February 2024
By Will Newman
Image credit: https://en.wikipedia.org/wiki/Valentine's_Day#/media/File:Valentine's_day_cupcakes.jpgPart of my work involves reading court decisions to keep abreast of how judges decide the types of cases I handle. Below, I share some thoughts on recent…
Legal Profession Blog
Disclosure Not Ordered
The Ontario Law Society Tribunal Hearing Division denied a motion to disclose electronic recordsThis is a motion by the licensee Rob Moubarak for disclosure of electronic records alleged to be…
California Employment Law
Employers Must Adapt to New Demands for Disclosure in California Employment Lawsuits
An important new discovery tool – demands for disclosure -- are available for use in California state court employment lawsuits filed from January 1, 2024, and later. The demands significantly…
Crypto Law and Disputes
28 U.S.C. § 1782 Could Be a Powerful Tool for International Crypto Litigation
I. Introduction 28 U.S.C. § 1782 permits foreign litigants to obtain discovery in the United States in aid of foreign litigation. In the age of crypto litigation—arising from business disputes, scams, and/or…
Talkov Law Blog
Initial Disclosures under New CCP § 2016.090 (2024 Law, SB 235)
By Scott Talkov
Effective January 1, 2024, California has instituted new mandatory early discovery disclosures in all civil cases by way of California Code of Civil Procedure (CCP) 2016.090. This article outlines what…
New York Attorney Malpractice Blog
Failure to Provide Discovery and Legal Malpractice
Carasco v Schlesinger 2023 NY Slip Op 06437 Decided on December 14, 2023Appellate Division, First Department provides a window into the rise and fall of the large personal injury law…
Drug & Device Law
Cost Shifting in the Tasigna MDL
By Eric Hudson
This is my first post as a new member of the Drug & Device Law team. Like many of you, I’ve been a consistent reader of the blog for years…
Legal Profession Blog
Deposition Instructions Merited Sanction
An attorney's instruction to his client to refuse to answer deposition questions in a motor vehicle negligence case was improper, according to a decision of the District of Columbia Court…
Allens Insights
Courts refuse to order disclosure of insurance
By Allens
Ask and you will receive? 8 min read Plaintiffs in class action proceedings often seek court orders that a defendant produce documents – such as insurance or financial documents –…