Topic
Discovery
1,111 published works
Delaware Bankruptcy Update
No 2004 Discovery Allowed When There is a Pending Proceeding
In a short opinion entered November 14, 2017 Judge Gross of the Delaware Bankruptcy Court denied a motion of an interested party to "Attend and Participate in the Rule 2004 Examinations to…
Drug & Device Law
Items of Interest on the Federal Civil Rules Committee Agenda
By Bexis
The federal Advisory Committee on Rules of Civil Procedure released its latest Civil Rules Agenda Book on November 7, 2017. A copy of it is available here. A couple of…
PTAB Law Blog
Are Communications With Foreign Patent Agents and Attorneys Privileged in PTAB Proceedings?
New Privilege Rule Protects Communications with Foreign Jurisdiction Patent Practitioners From Discovery in PTAB Proceedings. No Reciprocity From Foreign Jurisdiction is Required. Under a new rule set to take effect…
Drug & Device Law
A Handful of Positive MDL Discovery Rulings
A lot of time is spent in litigation on discovery. As tedious and non-exciting as it often is, cases can be won or lost depending on what happens during discovery.…
New York Commercial Division Practice
Has Rule 11-c Made Nonparties’ Yoke Easy and Burden Light When It Comes to e-Discovery?
As we have come to expect, the Commercial Division Advisory Council periodically makes recommendations to amend and/or supplement the Rules of the Commercial Division, many of which are eventually adopted…
Drug & Device Law
Relevant Social Media Posts are Fair Game for Discovery in the IVC Filter MDL
A couple of weeks ago, we reported that, under pressure from the Drug and Device Law Rock Climber, we were headed to New York to see the Broadway production of…
California Employment Law Update
PAGA Employee Can Obtain Contact Information For All Employees Statewide
By Tony Oncidi
Williams v. Superior Court, 3 Cal. 5th 531 (2017) Michael Williams was an employee of Marshalls of CA in Costa Mesa, California. After slightly more than a year of employment,…
Drug & Device Law
Nixing Discovery on Foreign Regulatory Submissions
The cases we typically write about focus on events after medical products have made their way through the applicable regulatory process and been marketed in the United States. The marketed…
MoFo ReEnforcement: The Enforcement Blog
CFPB Case Against Payment Processors Dismissed: Court Sanctions Bureau for Non-Responsive Discovery
By Steven Kaufmann, Natalie Fleming Nolen, Marcie Brimer
In another significant litigation setback for the CFPB, a U.S. District Court in Atlanta imposed discovery sanctions against the Bureau and dismissed all claims against payment processors alleged to have…
CrimProf Blog
Grunwald on Open File Discovery
Ben Grunwald (Duke University School of Law) has posted The Fragile Promise of Open File Discovery (Connecticut Law Review, Vol. 49, No. 3, February 2017) on SSRN. Here is the abstract: Under traditional…