Litigation

Recent Posts

Duane Morris: Pennsylvania Superior Court Holds Communications Between Attorneys, Experts Not Discoverable
Posted on 15 Dec 2011 by Duane Morris LLP

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... Read More

Predictive Coding: A Primer
Posted on 25 Mar 2013 by LexisNexis Litigation Resource Community Staff

By Amy Jane Longo and Usama Kahf [Editor's Note: Amy Longo is a partner at O'Melveny & Myers LLP and a member of the Firm's Financial Services and Electronic Discovery and Document Retention Practices. Usama Kahf is an associate and... Read More

The World Is Flat: Handling Foreign Language Documents In E-Discovery Projects
Posted on 15 Sep 2011 by Daryl Shetterly

By Daryl Shetterly Early in my e-Discovery career I learned the unanticipated presence of foreign language documents can throw a project budget and timeline for a loop. We were on budget and ahead of schedule when . . . BAM! Lots of Asian language... Read More

Join Us Nov. 6 For A Complimentary Webinar: Harnessing The Power Of Cloud-Based E-Discovery Solutions
Posted on 1 Nov 2012 by LexisNexis Litigation Resource Community Staff

Are you faced with a litigation case that involves multiple parties, numerous documents and vast amounts of data? With on-demand solutions from LexisNexis® Hosted Litigation, small and mid-size law firms now have the option to perform document review... Read More

Computers Replacing Lawyers In Reviewing Documents?
Posted on 12 Mar 2012 by William A. Ruskin

By William A. Ruskin For those of us who work on document-intensive litigations, take note of Magistrate Judge Andrew J. Peck's (SDNY.) opinion released on February 24, 2012 in Monique Da Silva Moore, et al. v. Publicis Groupe and MSL Group , Case... Read More

Judge Hits Home Run In Ruling On Discoverability Of Social Media Content
Posted on 23 Jul 2012 by Margaret (Molly) DiBianca

As tempting as it may be to believe, judges don't always get it right. Every lawyer has seen an opinion that misapplies the law or applies the wrong law altogether. And maybe that's why we get so giddy when a court really nails it, particularly... Read More

Extend Professional Courtesy In Discovery Or You Might Be Invited To A Kindergarten Party
Posted on 1 Sep 2011 by LexisNexis Litigation Resource Community Staff

Federal judge Sam Sparks recently issued an order inviting two attorneys to a "kindergarten party" that also featured a possible sleepover with United States Marshals. Annoyed by what he considered the immature and unprofessional conduct of... Read More

Ballard Spahr LLP: Pennsylvania Adopts Limited Set Of E-Discovery Rules
Posted on 13 Aug 2012 by Ballard Spahr LLP

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... Read More

Pennsylvania Judge Provides Great Resource For Anyone Researching Social Media Discovery Issues
Posted on 23 Jul 2012 by Philip Miles

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... Read More

Williams Mullen E-Discovery And Information Governance Team: A Cautionary Tale For All Litigators And A Must Read For Virginia Attorneys
Posted on 12 Mar 2012 by Williams Mullen

B y Bennett B. Borden and Monica McCarroll Judge Payne's Opinion in ePlus Inc. v. Lawson Software, Inc. is a "must-read" for all attorneys practicing in the E.D. Va. and a cautionary tale for all litigators. Judge Payne provides a primer... Read More

Jay Shapiro On Chevron Corp. v. Berlinger: When the Journalist's Privilege Is Lost
Posted on 25 Jan 2011 by Jay Shapiro

By Jay Shapiro, Partner, Katten Muchin Rosenman LLP "It is not a usual occurrence for a federal appellate court to have occasion to review a district court decision addressing the propriety of discovery to be used in foreign litigation, including... Read More

Fulbright Alert: 2nd Circuit Rejects Per Se Gross Negligence Standard For Failure To Issue A Hold Notice
Posted on 23 Jul 2012 by Norton Rose Fulbright

Preservation and discovery sanctions rarely reach appellate courts, but the Second Circuit addressed both in its July 10 opinion in Chin v. Port Authority of New York & New Jersey , --- F.3d ---, 2012 WL 2760776, Nos. 10-1904-cv(L), 10-2031-cv(XAP... Read More

Troutman Sanders LLP: 'Training' The System: The Benefits, Risks And Practical Applications Of Predictive Coding
Posted on 13 Sep 2012 by Troutman Sanders

By Troutman Sanders LLP If you are ever responsible for responding to discovery in a lawsuit, by now you may have heard of something known as "predictive coding." Touted by many as a "game changer" in the realm of electronic discovery... Read More

Are Facebook And MySpace Messages Subject To Discovery?
Posted on 16 Jun 2010 by Doug Cornelius

In the recent case of Crispin v. Audigier , a California judge ruled that Facebook and MySpace messages that aren't publicly available are protected information under the Stored Communications Act, and therefore can't be subpoenaed for use in... Read More