Topic
Discovery
1,110 published works
Health Law Prof Blog
Information for the Common Good in Mass Torts
Alexandra D. Lahav (University of Connecticut), Elizabeth Chamblee Burch (University of Georgia), Information for the Common Good in Mass Torts, DePaul L. Rev. (2021, Forthcoming):In recent years, judges have privileged…
Unpredictable
Discovery to Aid Litigation Outside of the United States
By Will Newman
The American legal system allows litigants to compel the production of far more evidence before trial than many other systems. And it does not limit this power to proceedings taking…
Tort Talk
A Primer on Responding to Requests For Admissions
To Admit or Deny?In the case of Loughery v. Mid-Century Ins. Co., No. 2:19-CV-00383-WSH (W.D. Pa. Oct. 13, 2020 Hardy, J.), the court addressed a Defendant’s Motion to Strike Objections…
Hawley, Kaufman & Kautzer, S.C. Blog
Steps in criminal cases: Discovery and Pretrial Negotiations
By Hawley, Kaufman & Kautzer, S.C. Staff
Steps in criminal cases: Discovery and Pretrial Negotiations After a plea is entered the District Attorney provides discovery, which includes police reports, witness statements, photographs and any audio or video…
New York Commercial Division Practice
Withholding Discovery Based On Common Interest Privilege: Can You Prove “Reasonably Anticipated” Litigation?
"Reasonably anticipated litigation" is a necessary element you need to show to benefit from the common interest privilege in your attempt to withhold certain documents already shared with a third-party…
Dig Deeper
New Zealand Considers Changes to Scope of Discovery (and eDiscovery)
In New Zealand, the required procedure for civil court action is set out in a set of rules for the two main courts in the country: The District Court Rules…
Resolving Discovery Disputes
New Discovery Sanction Regarding Requests for Production of Documents
The greatest discovery abuses come from responses to Requests for Production of Documents. Many responses contain a myriad of garbage objections, fail to contain a privilege log, along with producing…
Trade Secrets Trends
Ninth Circuit Opens the Door to Modifying a Trade Secret Identification After Discovery
By Kimberley Johnson, Raija Horstman, Valerie M. Goo
Under the California Uniform Trade Secrets Act (CUTSA), and many other states’ trade secret acts, a plaintiff must identify its alleged trade secrets as a prerequisite to conducting discovery. Cal.…
Ad Law Access
Videoconferencing and Potential Security, Confidentiality and Discovery Issues
With most employees working remotely amidst the COVID-19 pandemic, the use of videoconferencing platforms like Zoom, Microsoft Teams, Skype, WebEx, GoTo, Ring, and BlueJeans in everyday business has risen dramatically. …
Global Dispute Resolution Insights
The Seventh Circuit Joins the Second and Fifth Circuits in Holding That 28 USC § 1782(a) Does Not Apply to Private International Arbitration
By Fox Rothschild LLP, Sarah B. Biser, Craig R. Tractenberg
In our recent post, we have discussed the split in the federal appeals courts over whether a private international arbitration constitutes a “foreign or international tribunal” within the meaning of…