McKinstry reminds attorneys that a party seeking to seal has a heavy burden.
Expect federal courts to actively manage a discovery dispute and limit discovery requests consistent with proportionality.
Attorneys should recognize this heavy burden in civil actions seeking damages against police officers to protect against meritless claims and avoid unnecessary motion practice.
By Michael J. Miles and Jeffrey E. Jakob
Early decisions applying the new Rule 37(e) should give comfort to potential litigants who have worked in good faith to preserve potentially relevant ESI.
By Scott N. Wagner and Veronica Gordon
The Supreme Court addresses the right to appeal class action certification denial, and more.
By Joshua A. Kurtzman
Cautionary tales for attorneys.
Technology-assisted review (TAR) has been fairly slow to develop because of a combination of a lack of understanding and general lack of trust. Zviad Guruli outlines the history of TAR and ways it can help you and your clients. (08:12 min)
E-discovery and data-management expert Dana Post discusses why U.S. laws make this complicated and offers best practices to still be successful for your client. (9:02 min)
Bobby Malhotra explains that structured databases are an underused source of potentially valuable information and how to best use these tools. (14:32 min)
Topics include applying early case assessment techniques, initial data collection and preservation issues, managing client concerns, best tactics for dealing with opposing counsel, and identifying potential early motions and other strategic options. (56:45)
Experienced litigators cover the nuts and bolts of defending depositions and provide strategies and tips to employ when defending all types of clients. (1:00:01)
Insight into the substance of the proposed amendments, the motivations behind them, the amendment process, and the public comments that the committee has received so far. (1:02:46)
"The Line Between Opinion and Fact Work Product: Why it Matters and Strategies to Protect Your Work Product From Disclosure." Read more.
"Privilege and Ethics in Working with Your Expert." Read more.
“Hello ‘Proportionality,’ Goodbye ‘Reasonably Calculated’: Reinventing Case Management and Discovery Under the 2015 Civil Rules Amendments” Read more.
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