Searching Content indexed under Disclosure & Electronic Discovery & Privilege by Foley & Lardner ordered by Published Date Descending.
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GDPR And U.S. eDiscovery - Who Will Win The Game Of Chicken
Well, it has now happened. The European Union's new General Data Protection Regulation (GDPR) went into effect on May 25, 2018.
United States
25 Jun 2018
Bad Behavior In eDiscovery Is Still Very Costly!
My Guest Blogger Melinda F. Levitt is a partner and litigation lawyer with Foley & Lardner LLP.
United States
16 May 2018
CLOUD Act Dramatically Changes International Privacy Laws (And eDiscovery)
The CLOUD Act will have an interesting impact on privacy
United States
30 Apr 2018
Illinois Appellate Court Recognizes Common Interest Exception To Waiver Of Privilege Rule
On December 7, 2017, an Illinois appellate court held that co-defendants in a case who agree to share information pursuant to their common interest in defeating their litigation opponent do not waive ...
United States
14 Dec 2017
California Supreme Court Confirms That PAGA Plaintiffs Are Entitled To Broad Discovery Of Other Employees' Contact Information
California's Private Attorneys General Act (PAGA) allows aggrieved employees to recover civil penalties on behalf of themselves, other employees, and the State of California for Labor Code violations.
United States
6 Sep 2017
Federal Circuit Provides More Guidance On Biosimilar Patent Litigation
The Federal Circuit first addressed Hospira's argument that the Federal Circuit lacked jurisdiction to review the district court's interlocutory order.
United States
24 Aug 2017
Federal Court Provides A $3 Million Reason To Comply With Duty To Preserve ESI
After years of decisions, the issues surrounding the preservation of electronically stored information (ESI) seem almost old hat.
United States
1 Sep 2016
Beware Of Unguarded Talk: A Cautionary Tale Of Privilege Waiver In Wisconsin
A decision last week in a criminal case could have considerable effect on a client's waiver of the attorney-client privilege, in civil as well as criminal cases.
United States
20 May 2016
Federal Circuit Recognizes Limited Patent Agent Privilege
In In re Queen's University At Kingston, a divided panel of the Federal Circuit recognized a limited "attorney"-client privilege for patent agents.
United States
14 Mar 2016
"When In Doubt, Disclose": Seventh Circuit Levies Sanctions For Undisclosed Class Conflict In Southwest Airlines Voucher Litigation
The Seventh Circuit's message to the bar in Levitt v. Southwest Airlines Co. (In Re: Southwest Airlines Voucher Litigation), No. 13-3264 (7th Cir. Aug. 20, 2015), was "short and simple: when in doubt, disclose." Slip Op. at 27.
United States
8 Sep 2015
A Defendant Can Get Summary Judgment Without Producing Evidence
The Supreme Court explained in Celotex Corp. v. Catrett, 477 U.S. 317 (1986), that a party can obtain for summary judgment when its opponent has no evidence to support an element of the opponent's case.
United States
25 Aug 2015
Different Standards For Self-Critical Analysis Privilege: What You Need To Know
In a recent March 19, 2015 decision, the Illinois Supreme Court refused to acknowledge the self-critical analysis privilege.
United States
11 May 2015
Privileges Can Help Manufacturers In Product Liability Litigation, But Beware
The self-critical analysis privilege protects only the results of candid assessments of the company’s compliance with laws and regulations.
United States
31 Mar 2015
Seventh Circuit Confirms That A Party Opposing Summary Judgment Still Needs To Submit An Affidavit Or Declaration If It Needs More Discovery Under FRCP 56(d)
The Federal Rules of Civil Procedure allow a nonmovant, when faced with a motion for summary judgment, to ask the court to defer ruling on the motion, to allow it additional time to take discovery.
United States
17 Mar 2015
A Reminder From The Seventh Circuit On The Importance Of Creating A Record
When the court makes an evidentiary ruling off the record, it is required to enter on the record an explanation of the reasoning behind its decision.
United States
10 Feb 2015
USPTO Seeks Input On Patent Privilege Issues
The USPTO is seeking public comment on patent privilege issues, regarding the legal protections afforded to communications between patent practitioners and clients in the U.S. and foreign countries.
United States
4 Feb 2015
Wisconsin Supreme Court Puts Some Teeth Into Opinion Drafting Rules
An unusual thing happened earlier this month at the Wisconsin Supreme Court. Ramon Gonzalez, an inmate, was tried for a fight in the Milwaukee County Jail.
United States
2 Jan 2015
Responding Effectively To Third-Party Subpoenas
A subpoena comes in the mail and makes its way to your desk.
United States
19 Nov 2014
Protect Your Safety Investigations And Deliberations From Prying Eyes
Every day companies deal with an ongoing safety analysis of their own products. These Safety Teams are routinely interdepartmental.
United States
14 Nov 2014
7th Cir. Confirms Protections For Sealing Parties' Confidential Documents
A common concern for business litigants is protecting legitimately confidential matter contained in documents produced during discovery from dissemination.
United States
28 Aug 2014
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