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Features

How to Address Evolving Privacy Regulations During Discovery Image

How to Address Evolving Privacy Regulations During Discovery

Gina Taranto

One Recipe for Success: Treat Private Data With the Same Priority Given to Privilege But for all the coverage that privacy regulations are meant to provide, there is precious little guidance about how to protect private information, and there is very little legal precedent to guide our practices.

Features

Emojis and E-Discovery Image

Emojis and E-Discovery

Philip Favro

Emojis are an important aspect of everyday communication in 2021. Given their ubiquity, there should be little surprise that emojis have become a key source of evidence in civil and criminal cases.

Features

Just Say No: Discovery In Chapter 15 Bankruptcies Is Asymmetrical Image

Just Say No: Discovery In Chapter 15 Bankruptcies Is Asymmetrical

Daniel Coyle

Chapter 15 specifically allows foreign representatives to conduct discovery in the U.S., but be wary of other entities that seek to distract and/or delay the Foreign Representative from the asset search.

Features

Asserting the Common Interest Doctrine In Plan-Related Discovery Image

Asserting the Common Interest Doctrine In Plan-Related Discovery

Francis J. Lawall & Marcy J. McLaughlin Smith

The common interest doctrine can be a powerful tool when used to block discovery of relevant and sometimes critical evidence. However, a determination of when it can be invoked requires a highly fact-intensive analysis.

Features

Filers Beware: No Expedited Discovery in Copyright Suits Image

Filers Beware: No Expedited Discovery in Copyright Suits

Charles Toutant

Litigation tactics employed by frequent filers of copyright infringement suits may face heavy criticism in light of a recent ruling by a federal judge in New Jersey.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Jerry Lee Lewis Gets Extended Discovery Time in Management Litigation Against His Daughter<br>Three-Year Statute of Limitations Argument Doesn't Bar Claims to Copyright Renewal Terms<br>Ticketmaster Prevails With “Striking Compatibility” Claim in Copyright Suit Over Ticket Bots

Features

Chancery Approves Incorporation of Reference Condition in Section 220 Litigation Image

Chancery Approves Incorporation of Reference Condition in Section 220 Litigation

Brett M. McCartney

Books and records actions are heralded as the "tools at hand" for litigators pursuing shareholder claims against a corporation. In fact, the Delaware Court of Chancery has been critical of litigants who failed to take advantage of a shareholder's right to request the books and records of a corporation prior to commencing litigation against the corporation.

Features

New Sources of Discoverable Evidence Image

New Sources of Discoverable Evidence

Michael Ciaramitaro

<b><I>Part One of a Two-Part Article</I></b><p>Personal assistants, fitness trackers, and automotive black boxes are among the devices whose data and metadata may have big impact in legal cases. Here's why.

Features

New York's Judicial Straight-Jacket Image

New York's Judicial Straight-Jacket

David A. Martindale

At a 2015 conference jointly sponsored by the Association of Family and Conciliation Courts (AFCC) and the American Academy of Matrimonial Lawyers (AAML), I listened with much interest as attorneys and judges from areas other than New York expressed disbelief, disapproval and dismay regarding New York's extraordinarily atypical positions regarding the copying and electronic transmission of documents, and the limitations on discovery in litigation focused on issues of access to and custody of children.

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