In-house counsel will join members of the K&L Gates global e-Discovery Analysis & Technology practice group to address the significance of these rule changes, their ethical implications for legal practitioners, the opportunities for advocacy afforded by the rules’ increased attention to proportionali...
The judicial holdings of these cases cover different aspects of the rule, and it is still too early to determine how the majority of federal courts will ultimately interpret it. However, a review of current case law indicates that the courts have, thus far, taken a practical and literal ...
Federal Attempts to Curb Non-Competes:Delve into the proposed FTC rule and the NLRB’s stance, analyzing their potential impacts and the legal challenges they may face. State Initiatives:Uncover the latest legislative developments from states like California, Minnesota, and New York, examining how ...
In the United States, the discovery process is governed by theFederal Rules of Civil Procedure(FRCP). Adopted in 1938, these rules introduced one of the widest standards of discovery in the world. Theydefine the timing of hearings, required disclosures, how to request information, and remedies ...
9 RegisterLog in Sign up with one click: Facebook Twitter Google Share on Facebook reciprocal discovery n. the exchange of documents, lists of witnesses, and other information between the two sides of a lawsuit or criminal prosecution before trial. (See:discovery) ...
occurs or from when the copyright holder discovers it. The circuits are currently split on this issue, and the Supreme Court may finally settle the issue that has been brewing for years. (Note that the split overwhelmingly favors the discovery rule but there are differences in how it is ...
rule 27TwomblyIqbalpleadingThis Article explores the role that state presuit discovery could play in rectifying the information imbalance caused by Twombly and Iqbal - when a plaintiff in federal court requires information in the hands (or minds) of defendants or third parties in order to properly...
Most lawyers (and hopefully judges) would be forgiven if they could not recite on demand some of the more obscure of the Federal Rules of Civil Procedure. Rule 80 (Stenographic Transcript as Evidence) and Rule 64 (Seizing a Person or Property) come to mind. But Rule 34 (Producing ...
instead proceed remotely by videoconference under Rule 30(b)(4) of the Federal Rules of Civil Procedure due to the continuing COVID-19 pandemic and defendant’s assertion that “due to [defendant’s] COVID-19 precautions, the noticed deponents were working remotely for the foreseeable future,...
Ignorance might be bliss, but it is not a defense. This is especially true as it relates to one’s duty to comply with a litigation hold. To avoid potential Rule 37(e) sanctions, attorneys must be familiar with the preservation steps needed for basic sources of ESI and take care to ens...