A Life And Death Benchslap
Thankfully, despite the stakes it's a pretty funny benchslap....
View ArticleBiglaw Firm Ordered To Make A Video Apologizing For Discovery Abuses
Litigators are like unruly kids, which is why this benchslap with a sanction straight out of elementary school is so appropriate.
View ArticleThe Affluenza Kid And Privilege (This Time The Evidentiary Kind)
The Affluenza controversy was messed up enough. Now the kid's lawyers are trying to use another kind of privilege to keep his diagnosis from coming up in a civil case.
View ArticleHow To Not Make Judges Hate You
Rock, paper, scissors . . . Pick one, unless you are Bart, ‘cuz nothing beats rock! One of my all-time favorite eDiscovery cases (which isn’t actually about eDiscovery) came out a few years ago out of...
View ArticleAn Illustrated Guide On How To Avoid Drafting Horrible ESI Discovery
Bad discovery is how baby benchslaps are made.
View ArticleLegal Alert: The Tax Court Approves the Use of Predictive Coding
On September 17, the U.S. Tax Court, in Dynamo Holdings LP v. Commissioner, 143 T.C. No. 9 (Sept. 17, 2014), held that a taxpayer could use predictive coding, over the objection of the Internal Revenue...
View ArticleHow To Sue A China Company (Part 2)
What are some of the challenges of conducting discovery against Mainland Chinese companies?
View ArticleDiscovering the Internet of Things: Measuring Impact on Tomorrow’s Litigation...
The beginning of a new business, technology and legal inflection point is staring at us, chuckling at point blank. The Internet of Things (IoT) has quickly ascended to be the “new frontier” for...
View ArticleE-discovery Is Hard
Catchy blog titles are usually hard too, but not this one. Discovery of electronically stored information (“ESI”) is just plain difficult. If you are lucky, it does not come up in your case at all. Or,...
View ArticleTwo Basics: Don’t Accept Candy From Strangers and Avoid Falling Into the...
A recent order issued by M.J. Paul Grewal in Venture Corp. Ltd., et al. v. Barrett, No. 5:13-cv-03384, 2014 WL 5305575 (N.D. Cal. October 16, 2014) provides a useful reminder for all litigators: “Rule...
View ArticleE-Discovery Cases — Herding Cats Would Be Easier
Two disturbing cases for different, but similar reasons. When did parties jump from collection and culling of documents to simply turning over all possible evidence blindly and relying on a claw back...
View Articlealt.legal: My Overreaction To Potentially Sane Discovery Policies
What will the impact of "proportional" discovery be on the legal industry?
View ArticleThis Pissed-Off Judge Is Really Sick Of Discovery Disputes
The judge was so annoyed with the litigants in this case that she wrote a rather sarcastic ruling.
View ArticleYour Edge In Litigation Depends On How You Organize Your Case
Cases are won primarily by two factors 1) how smart your team is, and 2) how organized it is. You can’t really do much to control factor one, but factor two is entirely in your control.
View ArticleMorning Docket 05.15.15
* Lance Armstrong is feuding, again, with former teammate Floyd Landis -- this time over discovery [National Law Journal] * Remember July 2014 when we all learned that ExamSoft -- the bar examination...
View ArticleBiglaw Partner And Associate Destroyed Evidence, Suborned Perjury
What Biglaw firm is in hot water for ordering the destruction of dox?
View ArticleNon-Sequiturs: 07.08.15
* Time Warner Cable owes $229,500 for incessantly calling a woman after she demanded that they stop. Hm. Maybe this isn't the right time to launch my new "Happy Dude" scam. [Reuters] * Tom Selleck in...
View ArticleCriminally Yours: The Black Hole Of Discovery
The decision to plead guilty is often made in the dark, based on fear and a shortage of information. Why does this happen?
View ArticleEverything You Need to Know About The New FRCP Amendments
Columnist Jeff Bennion offers an overview of the most significant changes and what you need to know.
View ArticleNon-Sequiturs: 01.12.16
* Even at a conference, Judge Easterbrook can be intimidating. [Business Law Prof Blog] * Boeing filed a patent to make air travel slight less hellish. Good luck with that. [Travel and Leisure] * Judge...
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