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Discovery

1,110 published works

  1. Corporate & Securities Law Blog

    Delaware Court of Chancery Strictly Construes Right to Discovery of Stockholders Represented By a Contractually Created “Shareholder Representative”

    By Alejandro Moreno, John Stigi

    Merger agreements involving acquisitions of private companies often contain terms creating post-merger obligations or “earnouts” in favor of certain classes of selling stockholders.  To address potential claims that may arise…

  2. Trade Secrets Trends

    Improving Trade Secret Identification Procedures: Sedona Conference Publishes Proposals for Comment

    By Robert B. Kornweiss, Mark A. Klapow

    One of the more challenging questions in many complex trade secret cases is: When should a plaintiff be required to identify its alleged trade secrets, and with what level of…

  3. Drug & Device Law

    Another Court Says No to Cloned Discovery

    By Michelle Yeary

    Just a few months ago we blogged about cloned discovery pointing out that in a world of already asymmetrical discovery burdens on defendants, allowing plaintiffs to magnify that discrepancy by…

  4. Zachar Law Blog

    Depositions, Arbitrations, and Mediations: How are they relevant to a personal injury claim?

    By Chris Zachar

    I keep hearing about depositions, arbitrations, and mediations? What exactly are those and how are they relevant to my personal injury claim? Once you file your case in Court, you…

  5. Your ERISA Watch

    Courts Find Discovery of Independent Physician Consultants’ Financial Conflict Permissible in Absence of Structural Conflict

    By Elizabeth Hopkins

    Good morning, ERISA Watchers! There were no notable circuit court decisions from this past week, so exercising some editorial discretion, this week’s notable decision is a firm victory in a…

  6. Tort Talk

    Judge Minora of Lackawanna County Addresses Several Notable Discovery Issues Including Permissible Scope of Vocational Assessment

    By Daniel Cummins

    In the case of Barbarevech v. Tomlinson, No. 18-CV-4821 (C.P. Lacka. Co. Nov. 14, 2019 Minora, J.), Senior Judge Carmen D. Minora of the Lackawanna County Court of Common Pleas…

  7. Consumer Class Defense Blog

    Sixth Circuit Grants Writ Of Mandamus To Strike Belated Claims In Nationwide Opiate Litigation

    By Gerald Maatman, Jr.

    Seyfarth Synopsis: In the latest development in the ultra-high stakes nationwide Prescription Opiate Litigation, the U.S. Court of Appeals for the Sixth Circuit granted the petition for writ of mandamus…

  8. Legal Profession Blog

    Candid In Camera

    By Michael Frisch

    A district committee of the Virginia State Bar Disciplinary Board accepted an agreed disposition and imposed a public reprimand without terms in connection with an attorney's conduct in a criminal…

  9. Litigation Finance Insights

    Another Federal Court Decision Finds Funding Documents Irrelevant to Case Merits

    By Kate Boyd

    By now, the emerging consensus among courts is clear: Defendants generally may not obtain discovery of a plaintiff’s litigation funding arrangements. Many lawyers and litigants are familiar with the argument…

  10. Chicago IP Litigation

    Motion to Produce US Discovery in a Foreign Case Must be Filed as a Separate Action

    By R. David Donoghue

    Republic Techs. (NA), LLC v. BBK Tobacco & Foods LLP d/b/a HBI Int’l., No. 16 C 3401, Slip Op. (N.D. Ill. Jan. 14, 2020) (Harjani, Mag. J.) Magistrate Judge Harjani…