Discovery Words

Troutman Sanders LLP: E-Discovery In 2013: A Look Back To Plan Ahead

The consensus among most commentators tracking annual developments in eDiscovery law seems to be a collective yawn when it comes to evaluating 2013. No earth-shattering edicts were pronounced; no bright lines were drawn to simplify preservation obligations; no definitive guidance was announced on what...

New York Appellate Court Upholds Finding that Insurance Companies Must Produce Documents in Coverage Dispute

The Appellate Division of the Supreme Court of New York, First Department [ enhanced version available to lexis.com subscribers ] has upheld an August 19, 2013 ruling rejecting arguments by Factory Mutual Insurance Company, AIG, ACE, and Arch, that the work done by their coverage counsel in connection...

First 2014 Update For California E-Discovery Practice Guide

We have just put the finishing touches on the latest update to the Matthew Bender® Practice Guide: California E-Discovery and Evidence . This release adds coverage of important 2013 California legislation and rules changes, as well as recent California and federal cases dealing with e-discovery issues...

New York Appellate Court Rejects Privilege Claim on Insurer Outside Counsel Materials

By Charles A. Jones , and David F. Cutter The First Department of the New York Supreme Court, Appellate Division, has affirmed [ enhanced version available to lexis.com subscribers ] a trial court ruling [ enhanced version available to lexis.com subscribers ] that materials generated by outside...

Landmark Decision for Attorney-Client Privilege: Internal Investigations No Longer Protected?

The federal district court in the District of Columbia has issued a groundbreaking decision that held that documents created during a government contractor’s own internal investigation—conducted under the oversight but not direct supervision of the company’s legal department—are...

West Virginia Reviews Attorney-Client Privilege in Insurer/Coverage Counsel Extra-Contractual Claims

By Mark G. Jeffries, Associate On April 10, 2014, the West Virginia Supreme Court of Appeals held in State ex rel. Montpelier U.S. Ins. Co. and Charleston, Revich & Wollitz LLP that the attorney-client privilege protects confidential communications between an insurer and its coverage counsel...

The People's Business Cannot Be Redacted: The Wisconsin Court of Appeals Directs a State Legislator to Release Withheld Email Information

In a potentially far-reaching decision, the Wisconsin Court of Appeals on April 9, 2014, put individuals, corporations, and others on notice that when they email a public official, their identities and email addresses are likely to be discoverable upon request. The case, The John K. MacIver Institute...

Disclosure of Investigation Documents Granted for Qui Tam Realtor

My law partner Mike Sterling forwarded this summary of a recent qui tam movant's motion to compel contractors to produce documents relating to their codes of business conduct investigations. It's an important issue for any government contractor. Here's Mike's summary: Recently, the...

U.S. Supreme Court: FSIA Does Not Limit Scope Of Post-Judgment Discovery

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on June 16 held 7-1 that the Foreign Sovereign Immunities Act (FSIA) does not shield the Republic of Argentina from post-judgment discovery requests issued by a debt collection company seeking information about the country’s extraterritorial...

California: Privilege Rules Clarified by Court of Appeal; Update on Stevens v. W.C.A.B.

The Court of Appeal has ordered publication of a decision which confirms the application of Evidence Code 915 to discovery and privilege issues before the W.C.A.B. The Court had initially ordered the decision, Regents v W.C.A.B. (Lappi) , to not be published, but with multiple requests for publication...

OHAHO on Discovery, Protective Orders: USA v. Durable, Inc.

"Prehearing procedures are ongoing. Shortly before the close of discovery, Durable filed a motion for a protective order addressed to certain of the interrogatories and requests for production that ICE had propounded to the company. The government filed a timely response, captioned as both a response...

California: Accounts Receivable Purchase of Liens at Reduced Value - Trade Secret or Not?

"AR companies have become a cottage industry that now fills the courts with significant and sometimes unnecessary lien litigation on issues, many as such are presented in the instant petition.” In Gonzalez v. Thang Vi Duong, Inc., 2014 Cal. Wrk. Comp. P.D. LEXIS --, a WCAB panel denied...

New York Appellate Court Finds for TransCanada in Discovery Dispute with Insurance Companies

New York, NY (August 5, 2014) -- The Appellate Division of the Supreme Court of New York, First Department reaffirmed on July 31, [ enhanced version available to lexis.com subscribers ], that several insurance companies providing insurance coverage to TransCanada cannot claim attorney-client privilege...

Foley & Lardner LLP: Cherry-Picking: 7th Cir. Criticizes Lawyers' Summary-Judgment Practice

By Thomas L. Shriner Jr. Two weeks ago, in an order given wide publicity nationally, federal District Judge Mark Bennett of the Northern District of Iowa issued sanctions in Security National Bank v. Abbott Laboratories , addressing what Judge Bennett perceived as abusive discovery conduct in a case...

Troutman Sanders LLP: Breaking the Seal: Does Using Third-Party eDiscovery Vendors Raise Privilege and Work Product Issues?

We’re not breaking news when we tell you that the exponential growth of electronic documents generated by clients has complicated the discovery process. Reducing this massive volume of information down to the relevant information needed to resolve a dispute requires the use of technology for collecting...

Confidential Folder

Opinion-aided: Courts Granting Policyholders Access To Outside Coverage Counsel’s Opinion Letters

There have been several decisions of late, from courts across the country, addressing whether a policyholder, in coverage litigation, is entitled to discover the coverage opinions (lower case) prepared for an insurer by its outside coverage counsel. Of course not, you say. An insurer’s coverage...

Deposition Procedures Not Required for Vocational Expert Interviews: Cal. Comp. Cases September Advanced Postings (8/29/2014)

Here’s the first batch of advanced postings for September 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. James Fetner, Petitioner v. Workers'...

Business Court Resolves a Trio of Discovery Issues

Three interesting discovery issues were resolved last week by Judge Bledsoe's Order in Gay v. Peoples Bank . First, can you obtain in discovery in a class action the fee arrangement between the plaintiff and his lawyers? Second, can you obtain (in any kind of case) a protective order against the...

One Superior Court Judge Overruling Another?

You are all familiar with the old adage that "one Superior Court Judge cannot overrule another Superior Court Judge." But apparently there is at least a little bend in that rule, as illustrated by Judge Bledsoe's opinion this past Thursday, in Taidoc Technology Corp. v. OK Biotech Co. ...

Trade Secrets Cases in the NC Business Court: You Show Me Yours Before I'll Show You Mine

There's a new roadblock for plaintiffs in the Business Court suing over trade secrets. It was imposed last week by Judge Bledsoe in DSM Dyneema, LLC v. Thagard , 2014 NCBC 50 , and it bars the plaintiff from proceeding with discovery until the trade secrets allegedly being misused by the defendant...

Insurer’s Unwillingness To Sign a Protective Order In an Underlying Case Leads To Discovery Of Its Reserves

The discoverability of an insurer’s reserve information is an issue that does not come with a straightforward, yes or no, answer. The cases can involve unique facts; so their outcomes can be necessarily fact driven. That was certainly the situation in National Union Fire Insurance Co. v. H &...

California: Medical Lien Discovery Practice and In Camera Review

WCAB provides guidance on the discovery of corporate and financial documents and the right of privacy with respect to a medical lien In Garcia v. Arun Enterprises dba Subway , 2014 Cal. Wrk. Comp. P.D. LEXIS --, a WCAB panel, granting the defendant’s petition for removal, reversed the WCJ’s...

Ballard Spahr LLP: Federal Court Addresses Frequently Overlooked Nuances of Electronic Document Production

By Philip N. Yannella and Thomas J. Gallagher IV U.S. Magistrate Judge Paul S. Grewal of the Northern District of California recently issued an order in Venture Corp., Ltd. v. Barrett shedding light on the meaning of two Federal Rules of Civil Procedure governing document production. One rule requires...