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Discovery

1,110 published works

  1. Global IP & Technology Law Blog

    Proposed Amendments to FRCP 26 Should Streamline Discovery

    By David Elkins, Squire Patton Boggs

    On August 15, 2023, the Committee published proposed amendments to Rules 16 and 26 of the Federal Rules of Civil Procedure (“Rules”). The amendments are designed to require that parties…

  2. Law Times News

    Ontario Superior Court clarifies rule on discovery of non-parties in a motor vehicle accident case

    By Law Times News

    Plaintiff was allegedly unclear about several critical details during discovery

  3. Inside the False Claims Act

    False Claims Act Fundamentals: How to Respond to a Third-Party Subpoena

    By Hannah Webber

    If you are part of a heavily regulated—or heavily litigated—industry, at some point, you or your company are likely to receive a third-party subpoena. This post offers guidance on how…

  4. The IP Law Blog

    Court Orders Monetary Sanctions after Plaintiff Fails to Provide any Response to Allegedly Overbroad Discovery Requests

    By Eric Caligiuri

    In Buergofol GmbH v. Omega Liner Company, Inc., 4-22-cv-04112 (DSD Jul. 13, 2023) (Karen E. Schreier), the court granted the defendant’s motion to compel and awarded monetary sanctions after the…

  5. Resolving Discovery Disputes

    When Money is Not Enough–The Request for “Drastic Sanctions”

    By Katherine Gallo

    Many motions for terminating sanctions are denied due to the papers being deficient due to a lack of a showing of abuse and prejudice.

  6. eDiscovery Watch

    What Is ‘Good Cause’ When Seeking to Compel Otherwise Inaccessible ESI?

    By Kathryn C. Cole

    In Jim Hawk Truck-Trailers of Sioux Falls, Inc. v Crossroads Trailer Sales & Service, Inc., et al., Judge Schreier provides a useful roadmap for navigating electronically stored information (ESI) when…

  7. Achkar Law Blog

    Examination for Discovery: What You Need to Know

    By Christopher Achkar

    A crucial phase in a civil action is the Examination for Discovery, sometimes referred to simply as “Discoveries”. This stage involves one party to the action questioning a representative from…

  8. Delaware Corporate & Commercial Litigation Blog

    Limited Discovery in Section 220 Actions

    By Francis Pileggi

    Some readers who have followed these pages over the last 18 years may be weary of reading about DGCL Section 220 court decisions regarding the nuanced right, subject to various…

  9. Chicago Business Litigation Lawyer Blog

    Car Fraud Plaintiffs Entitled to Net Worth Discovery in Consumer Fraud Cases Seeking Punitive Damages

    By Peter S. Lubin, Patrick Austermuehle

    Plaintiff seeks damages from Defendants under the Illinois Consumer Fraud and Deceptive Business Practices Act, including punitive damages, which are expressly recoverable under the Act. 815 ILCS 505/10a. Illinois courts…

  10. Canna Law Blog

    Cannabis Litigation: A Primer on Subpoenas

    By Jihee Ahn

    A “subpoena” is used in cannabis litigation (or any litigation) when third-party witnesses or documents become necessary for a lawsuit. Over the years, we’ve seen the need for subpoenas come…