Litigation

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California's 2009 Electronic Discovery Act Makes Comprehensive Changes In Law: Text And Analysis
Posted on 30 Jul 2009 by Paul R. Kiesel & Steven N. Williams

In this Emerging Issues Analysis, Paul R. Kiesel and Steve Williams report that California's new Electronic Discovery Act, effective June 29, 2009, makes comprehensive changes in California law relating to e-discovery. This commentary includes an... Read More

John K. Rabiej On The Reasonableness Standard Governing Discovery Obligations And Preservation Duty
Posted on 15 Sep 2009 by John K. Rabiej

A standard of reasonableness should guide both lawyers in complying with electronically stored information (ESI) preservation duties and judges in ruling on disputes regarding the preservation of ESI. However, since there are no concrete standards governing... Read More

Illinois Appellate Court Holds Insurer Communications With Coverage Counsel Privileged, Creates Appellate Split
Posted on 21 Dec 2009 by Daniel E. Feinberg

Insurers and insureds in declaratory judgment actions pending in Illinois courts often assume that their attorney/client communications and attorney work product automatically are protected from discovery in that particular action. But the unique rule... Read More

Discovery In The Information Age
Posted on 8 Dec 2009 by Lee Berlik

The discovery process , the primary fact-finding tool available to litigants, has always been contentious. Parties are loathe to hand over potentially embarrassing or incriminating documents, and the costs involved can be staggering. The information age... Read More

Geoffrey Gauci And Andrew Waters: U.S. Discovery In Foreign Proceedings
Posted on 9 Dec 2009 by Geoffrey Gauci & Andrew Waters

In the United States, 28 U.S.C. § 1782 is a federal statute that allows an interested or named party to foreign proceedings to obtain potentially broad discovery, subject to the federal district court’s discretion, from a person located in... Read More

Mealey's Litigation Report: Discovery
Posted on 13 Nov 2009 by LexisNexis Litigation Resource Community Staff

Mealey's Litigation Report: Discovery covers how different districts and judges interpret federal discovery rules, procedural changes, the work product, attorney-client and common interest privileges, discovery abuse, sanctions, preservation of records... Read More

In RCRA Action, District Court Imposes Default Judgment For Discovery Abuse, Requires Firm's Law Firm To Shoulder Portion Of Attorney's Fees And Costs
Posted on 24 Aug 2009 by Thomas H. Clarke, Jr.

It does not pay to play discovery games, especially in Federal court; however, some firms continue to do so at their peril. In a 2006 RCRA suit, 1100 West LLC alleged a plume of contamination under its 7-acre property had originated from the manufacturing... Read More

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