Topic
Discovery
1,109 published works
Stritmatter Law Blog
If You Asked a Question, You Need an Answer
This article is authored by Darcy Covert, Affiliate Instructor at the University of Washington School of Law and Associate at Stritmatter Law. Early in my legal career, a supervisor told…
Delaware Corporate & Commercial Litigation Blog
Chancery Rejects Relevance of Personal Data About CEO
A recent Delaware Court of Chancery ruling addressed the scope of discovery in connection with a dispute about a failed merger to the extent that “deeply personal” and embarrassing information…
Roberts Disability Law Blog
Discovery in ERISA Benefit Claims: What Courts in the Ninth Circuit Allow
When courts review ERISA benefit denials, the standard of review makes all the difference in determining whether discovery will be allowed. Under de novo review, the court asks only one…
California Employment Law Update
9th Circuit Clarifies DTSA Trade Secret Disclosure Requirements
By Steven J. Pearlman, Scott Tan
The Ninth Circuit recently held that the Defend Trade Secrets Act (“DTSA”) does not require plaintiffs to identify their allegedly misappropriate trade secrets with reasonable particularity at the outset of…
Proskauer on Trade Secrets
9th Circuit Clarifies Trade Secret Disclosure Requirements Under The DTSA
By Steven J. Pearlman, Scott Tan
The Ninth Circuit recently held that the Defend Trade Secrets Act (“DTSA”) does not require plaintiffs to identify their allegedly misappropriate trade secrets with reasonable particularity at the outset of…
Pro Te: Solutio
Tracked Into Court – The Utility, Discovery, and Admissibility of Wearable Device Data
By Butler Snow
It’s no secret that we are proponents of discovering consumer[1] wearable device data in personal injury litigation.[2] Although the subject is not new, there’s still “surprisingly little precedent”[3] on the…
Commercial Case Notes
Court Vacates Note of Issue Because of Incomplete Discovery
By John Lundin
On July 29, 2025, Justice Patel of the New York County Commercial Division issued a decision in Hilldun Corp. v. Styleline Studios, LLC, 2025 NY Slip Op. 32884(U), vacating a…
Legal Theory Blog
Download of the Week: “Brady’s Shadow” by Murray
Justin Murray (New York Law School) has posted Brady's Shadow on SSRN. Here is the abstract: Scholars have spent sixty years documenting Brady v. Maryland’s failures—its materiality standard that licenses…
BuildSmart
Recent 5th Circuit Opinion Demonstrates Usefulness of 28 U.S.C. § 1782 in Foreign Enforcement Proceedings
By Jennifer Morrison Ersin, Jason Tullos
In Banco Mercantil De Norte, S.A. et al. v. Juan Jose Paramo, the Fifth Circuit recently affirmed a Texas district court’s denial of a motion to quash a 28 U.S.C.…
Legal Theory Blog
Murray on Brady’s Shadow
Justin Murray (New York Law School) has posted Brady's Shadow on SSRN. Here is the abstract: Scholars have spent sixty years documenting Brady v. Maryland’s failures—its materiality standard that licenses…