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California's 2009 Electronic Discovery Act Makes Comprehensive Changes In Law: Text And Analysis

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 analysis by these two authors who helped write the...

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

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 facility of Red Spot Paint & Varnish...

John K. Rabiej On The Reasonableness Standard Governing Discovery Obligations And Preservation Duty

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 the preservation duty, it is left to a judge's...

Mealey's Litigation Report: Discovery

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, and proprietary information; it also focuses...

Discovery In The Information Age

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 has only served to make things more complicated...

Geoffrey Gauci And Andrew Waters: U.S. Discovery In Foreign Proceedings

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 a U.S. federal district. This update examines recent...

Illinois Appellate Court Holds Insurer Communications With Coverage Counsel Privileged, Creates Appellate Split

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 of Waste Management, Inc. v. International Surplus...