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Duane Morris: Pennsylvania Superior Court Holds Communications Between Attorneys, Experts Not Discoverable

In a significant reversal of its prior opinion, the Superior Court of Pennsylvania, sitting en banc , has ruled in Barrick v. Holy Spirit Hospital 1 that communications between an attorney and his or her expert witness are not discoverable under the Pennsylvania Rules of Civil Procedure. In Barrick...

Pennsylvania Judge Provides Great Resource For Anyone Researching Social Media Discovery Issues

In Trail v. Lesko (opinion here) , Allegheny County Judge Wettick provided a great resource for anyone researching social media discovery issues. Judge Wettick authored a 20-page opinion, running through nine Pennsylvania state court decisions addressing discovery of social media in litigation: [The...

Ballard Spahr LLP: Pennsylvania Adopts Limited Set Of E-Discovery Rules

By Philip N. Yannella and Maura E. McKenna In a move likely to be greeted as much with criticism as relief, the Pennsylvania Supreme Court recently adopted a very limited set of amendments to the Pennsylvania Rules of Civil Procedure that are expressly designed to make the eDiscovery process less...

ABA Provides Ethical Guidance on ESI; Pennsylvania, Florida Update Procedural Rules

In case you were thinking of playing fast and loose with digital client information, new rules require you to think again. The American Bar Association (ABA) recently amended the Model Rules of Professional Conduct to guide lawyers on use of technology and confidentiality. Much of it comes down to one...

McNees Wallace & Nurick LLC: Finding The Facts Before The Lawsuit Begins: Pre-Complaint Discovery In Pennsylvania

By James J. Franklin and Erik B. Derr* You find yourself either facing the prospect of litigation or already embroiled in litigation. You want to discover information about the opposing party, the issues involved in the litigation, or your odds of success in litigation. Under what circumstances and...

Abbey Spanier LLP: Social Media Accounts Are Fair Game in Discovery

A recent Pennsylvania State Court order granting a defendant’s motion to compel the production of one of the plaintiff’s Facebook log-in credentials found that social media accounts– even if set to private –are fair game in discovery. In Largent v. Reed , Case No. 2009-1823...