Under the Federal Rules of Civil Procedure, and many state court rules, parties to litigation have an affirmative duty to cooperate with respect to discovery. Complying with this obligation often involves the disclosure of information related to preserving... Read More
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;... Read More
We all know that litigants or potential litigants have an obligation to preserve potentially relevant and discoverable evidence, under certain circumstances, when litigation is reasonably forseeable. But what are your obligations when a third-party controls... Read More
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
The attorney-client and work product privileges are some of the oldest and most important evidentiary privileges in our legal system. The attorney-client privilege, in particular, is regarded by some as almost "sacred." Given their importance... Read More
By: Mark E. Nagle , Julie Mendoza , Donald B. Cameron, Jr. , Jeff M. Cohen The ruling by the U.S. Court of Appeals for the D.C. Circuit in Doe v. Exxon Mobil Corporation [ enhanced version available to lexis.com subscribers / unenhanced version available... Read More
By Dabney Carr Yesterday [September 14th], in what we believe is the largest verdict in an intellectual property case in Virginia, a jury in the Richmond Division of the Eastern District of Virginia awarded Dupont $920 million for misappropriation... Read More
In the wake of the FDA's release of new graphic cigarette health warnings that must cover the top fifty percent of both the front and rear panels of each cigarette package as of September 2012, the four leading tobacco companies are threatening legal... Read More
By Joshua Heslinga Late yesterday, a jury awarded ActiveVideo $115 million from Verizon, concluding the trial phase of the heated patent litigation. The Virginian Pilot reports on the verdict, and here is the verdict form . Our prior blog entries... Read More
By Robert Angle On January 26, 2012, Bear Creek Technologies, Inc. ("Bear Creek") filed a Notice of Filing Motion for Multi-District Litigation pursuant to 28 U.S.C. § 1407, in Bear Creek Technologies, Inc. v. RCN Telecom Services, LLC... Read More
By Troutman Sanders Tobacco Law Team Last month, the U.S. Court of Appeals for the Sixth Circuit rejected a challenge to the Master Settlement Agreement filed by General Tobacco against sixteen tobacco manufacturers and 52 Attorneys General. General... Read More
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... Read More
A federal appellate court recently rejected the tobacco industry's argument that restrictions imposed as part of a 2006 judgment should be set aside because Congress, in 2009, passed a law that imposed other restrictions on the industry and gave the... Read More