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Discovery

1,110 published works

  1. Understanding the ADA

    Even the EEOC Can Get Itself Sued and Have to go Through Discovery

    By William Goren

    Before getting started with the blog entry of the day, I want to congratulate the Tampa Bay Rays and the Los Angeles Dodgers for getting to the World Series. Tampa…

  2. SALT Shaker

    New York Slice: New York’s Minimalist Approach to Discovery in Tax Matters

    By Open Weaver Banks, Ted Friedman, Michael Hilkin

    The New York Division of Tax Appeals (DTA) recently issued order that highlights the unique discovery rules that apply in the litigation of New York tax matters. These rules differ…

  3. Litigation Finance Journal

    Aussie Court Denies Insurance Documents in Class Action

    By John Freund

    Should a court deny the release of a document if that document is being used to set up a litigation strategy? Australian courts say yes. This is not the first…

  4. Tort Talk

    Have You Heard of any Recent Post-Koken Decisions or Facebook Discovery Decisions?

    By Daniel Cummins

    Should you hear about or generate any Post-Koken decisions or any Facebook Discovery decisions, I hope and ask that you please email me a copy of the same in order that I may…

  5. Global Dispute Resolution Insights

    U.S. Circuit Courts Split Over Issues Concerning the Ability To Obtain Evidence From Non-Parties In International Arbitration, Part II

    By Fox Rothschild LLP, Sarah B. Biser, Craig R. Tractenberg

    In these series of posts, we discuss the differences that have emerged in rulings by federal appeals courts in the United States Circuits on certain issues that may affect the…

  6. Family Law Headquarters

    Can discovery be done informally?

    By Kirk C. Stange Esq.

    In any divorce or family law matter, a party must have all the information they need to make an informed... The post Can discovery be done informally? appeared first on…

  7. Long Island Land Use and Zoning

    Utilizing CPLR 3102(c) Pre-Action Discovery in Article 78 Proceedings – Can’t Go Fishin’

    By Farrell Fritz P.C.

    Last February, in Dreyer v Stachecki, 2020 NY Slip Op 50134(U), the Suffolk County Supreme Court denied an unopposed motion for pre-action discovery. CPLR Section 3102(c) authorizes disclosure - prior to…

  8. Above the Fold

    The TTAB: Rule 56(d) Protects Non-Movants from Being “Railroaded” by Premature Summary Judgment Motions

    By Melissa E. Scott

    On July 28, 2020, the TTAB issued a precedential decision regarding an underutilized method for responding to summary judgment motions filed before the non-moving party has had a reasonable opportunity…

  9. eDiscovery Bytes

    Privilege Log, Privilege Log — It’s All About the Description

    By Kelly Twigger

    A privilege log is the absolute bane of an attorney’s existence. I don’t mean it isn’t important and a critical component of discovery, but the level of planning, analysis and…

  10. Drug & Device Law

    Fifth Circuit Says No Plaintiff Fact Sheet Equals No Case

    By Michelle Yeary

    We’ve all seen the signs – No Shoes, No Shirt, No Service.  Their exact origin may be unknown but these signs appear to have come to popularity in the 1960s…