A recent decision by Bankruptcy Judge Brendan Shannon was peppered with some harsh words for a defendant in an adversary proceeding. Judge Shannon said the party’s “failure to perform basic discovery responses and participation in litigation … has been breathtaking."
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.
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.
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.
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.
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.
Jerry Lee Lewis Gets Extended Discovery Time in Management Litigation Against His Daughter
Three-Year Statute of Limitations Argument Doesn't Bar Claims to Copyright Renewal Terms
Ticketmaster Prevails With “Striking Compatibility” Claim in Copyright Suit Over Ticket Bots
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.
Part One of a Two-Part Article
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.
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.
