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Discovery

1,109 published works

  1. Faeger Drinker on Products

    Dissecting the EU’s New Product Liability Directive: The Dawn of US-Style Discovery

    By Eldin Hasic, Patrick Reilly

    The deadline for EU members to implement the new Product Liability Directive is fast approaching before year’s end. For companies doing business in the EU, the new rules bring many…

  2. Westchester Commercial Division Blog

    Less Motion Practice, More Cooperation: New Amendments to Commercial Division Rule 14

    By Brian Cohen

    Discovery disputes have long been a source of frustration for litigants, attorneys, and courts alike. As the New York State Commercial Division Advisory Council recently observed, “[d]iscovery disputes were viewed…

  3. eDiscovery Watch

    Court Evaluates AI-Related Provisions in Discovery Protective Orders

    By Kathryn C. Cole

    As generative AI becomes more common in litigation workflows, courts are increasingly being asked to address how AI tools may be used with confidential discovery materials. A recent decision from…

  4. Drug & Device Law

    Discovery On Different Products Runs Into A Brick Wall In New York

    By Steven Boranian

    If Wile E. Coyote sued the Acme Products Co. over a defective anvil that fell on his head, would he get to take discovery on Acme rocket sleds?  Or Acme…

  5. Commercial Case Notes

    Claimed Need for More Discovery Insufficient Basis to Avoid Summary Judgment

    By John Lundin

    On September 23, 2026, the Second Department issued a decision in Bank of Am., N.A. v. Discobath Prods., Inc., 2026 NY Slip Op. 05377, holding that a claimed need for…

  6. California Employment Law Update

    Unrepresented Party May Be Awarded Discovery Sanctions Even Without Proof Of Actual Expenses

    By Tony Oncidi

    Damak v. Superior Court, 121 Cal. App. 5th 792 (2026) Self-represented litigant Aziz Damak sued his former employer for a variety of wage and hour and wrongful discharge claims. After…

  7. eDiscovery Today Blog

    What Corporate Legal Teams Must Define Before AI Enters Discovery, Investigations, and Litigation: Artificial Intelligence Webinars

    By Doug Austin

    Want to know what corporate legal teams must define before AI enters discovery, investigations, and litigation? Join Casepoint for this webinar Thursday! The post What Corporate Legal Teams Must Define…

  8. Commercial Case Notes

    Party That Fails to Timely Move to Vacate a Note of Issue Faces a High Burden to Vacate It

    By John Lundin

    On September 2, 2026, Justice Reed of the New York County Commercial Division issued a decision in Python Fin. Solutions, Inc. v. SDCK I LLC, 2026 NY Slip Op. 51450(U),…

  9. SDNY Blog

    Magistrate Judge Stein: Requirement To Produce Documents Under A Party’s “Control” Can Mean Threatening to Fire Your Own Lawyer

    By Charles Michael

    In an opinion today, Magistrate Judge Stein concluded that a party’s obligation to produce documents held by an attorney or other agent can require threat of termination as leverage to…

  10. Drug & Device Law

    When Plaintiff’s Experts Ghost Their Own Depositions

    By Michelle Yeary

    This case is from the non-Butler Snow side of the blog. It’s a relatively new term (at least for us Gen Xers) – but we have all been ghosted. A…