Topic
Discovery
1,110 published works
China Law Insight
中国诉讼：如何通过美国法院取证
By King & Wood
美国联邦法和州法允许外国诉讼当事人从美国法院申请法庭命令，要求法院管辖范围内的个人提供证词或出示文件，以供在非美国司法程序中使用。即便外国法庭对被要求出示证据的当事人没有管辖权，也可以利用下文所介绍的程序来获取证据。
Talkov Law Blog
California Evidence Code 940 Exclusion of Self-Incriminating Information from Discovery in Family Law Proceedings
California Evidence Code Section 940 [Fifth Amendment] Application in Family Law Cases The general rule in California, Code of Civil Procedure, Section 2016(b), is that information “not privileged, which is…
Legal Secrets
Malicious prosecution requires a favorable termination that ALSO reflects on the innocence of the party. (Roche v. Hyde (6/30/2020)
I see this case more as a discovery matter and a lesson for lawyers and clients not to lie. But it also stands for malicious prosecution, a favorable termination requires…
BuildSmart
Lawyer’s Advocacy in Arbitrations: No. 4 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make
David K. Taylor, Bradley Arant Boult Cummings, Nashville, TN dtaylor@bradley.com 615-252-2396 This post is a continuation of the Top 10 most horrible, terrible, no good, “bang your head against the…
eDiscovery Today Blog
DSARs Are the Rising Discovery Requirement That Just About All Organizations Can Face: eDiscovery Trends
By Doug Austin
Discovery isn’t just for litigation anymore. The rise in importance of data privacy compliance has forced organizations to be prepared to support discovery related to data being managed by the…
eDiscovery Today Blog
Court Rejects Defendant’s Objections and Grants Plaintiff’s Motion to Compel in FLSA Case: eDiscovery Case Law
By Doug Austin
In Solis v. United Med. Clinic, Texas Magistrate Judge Miguel A. Torres granted the plaintiff's Second Motion to Compel Discovery from the defendant, ruling that the defendant did not fully…
Data Law Insights
How to Limit Litigation Risk from the Increased Use of Chat Programs During the COVID-19 Pandemic
By Mike Lieberman, Shelley Rosenberg, Genevieve Moreland, Mara Lieber
As employees are increasingly working from home during the COVID-19 pandemic, many communications that would typically occur face-to-face are now taking place over chat systems, such as Skype, Bloomberg Messaging,…
Association Alert
HOA and Condominium Record Retention – What you NEED to Know!!
By Daniel Miske
Record retention is a tricky subject. Keep too much or for too long and opposing counsel in litigation will have all the documents they may need to prove that your…
Paul Porvaznik – Business Litigator
Discovery Screw-Up Not Enough To Sustain Negligence Claim – 7th Cir.
Nixing an $8M Federal jury verdict, the Seventh Circuit recently held, among other things, that a discovery rule violation cannot undergird a negligent misrepresentation claim. The plaintiffs in Turubchuk v.…
New York Probate Lawyer Blog
Why Full Discovery is Required in a New York Will Contest – A Case in Point
Estate planning and creating a Last Will and Testament is important. However, during the planning process, attention must be given to the eventual probating of the Will. When a Will…