Searching Content indexed under Disclosure & Electronic Discovery & Privilege by Duane Morris LLP ordered by Published Date Descending.
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Discovery Ruling In District Of Minnesota May Have Far-Reaching Implications For FCA Defendants
The FCA creates liability for persons or entities found to have knowingly submitted false claims to the government or having caused others to do so.
United States
14 Oct 2019
Second Circuit Addresses Requirements And Considerations For Sealing (And Unsealing) Allegedly Sensitive Documents Filed In Lawsuits
Reversing a series of decisions by the U.S. District Court for the Southern District of New York that sealed a number of court filings in a defamation action related to the allegations of sexual misconduct.
United States
22 Jul 2019
Ninth Circuit Holds That Employers Conducting Applicant Background Checks Must Use A Separate Form For Each Applicable Law Requiring Disclosures
For this reason, the court clearly held that each required disclosure should only contain the information explicitly required by that statute.
United States
18 Feb 2019
Review Of Punitive Damages: Spoliation Of Evidence
Finally, the court further conditionally reduced the punitive award for excessiveness to the sum of $500,000, which matched the aggregate compensatory award. Id. at 80.
United States
19 Jul 2018
Can The Government Unlock Your Iphone By Forcing You To Provide Your Fingerprints?
Want to keep your phone secure from the government? Better use a password and not a fingerprint. Just two weeks ago, the United States District Court for the District of Columbia (2018 WL 3155596) ruled...
United States
18 Jul 2018
Delaware's War Against The "Boilerplate [Objection] Plague" Goes National
In almost every lawsuit, as part of the discovery process, the parties will exchange information relevant to the claims and defenses at issue.
United States
18 Jun 2018
Courts Continue To Erode Peer Review Privilege
The Pennsylvania Supreme Court recently ruled that a state law, establishing confidentiality for medical provider peer review proceedings, did not apply to a contractor staffing a hospital's emergency department.
United States
20 Apr 2018
Private Texts, Public Records: Nevada Public Records Act And Personal Cellphones Used For Public Service
The Nevada Public Records Act (NPRA), NRS § § 239.001 et seq., requires that "public books and public records" must be open at all times during office hours to inspection by any person.
United States
5 Apr 2018
The Privilege Of Talking With Your Lawyer
Almost every HR professional deals with an attorney. With strong relationships, sometimes you will refer to the lawyer as your lawyer.
United States
9 Aug 2017
California Supreme Court Holds Plaintiffs Can Seek Information On Other Employees At Outset Of PAGA Litigation Without Showing Compelling Need
The California Labor Code Private Attorneys General Act of 2004 (PAGA) allows employees in California to sue on behalf of the State of California over violations of the California Labor Code.
United States
1 Aug 2017
Personnel Files And Documents Relating To "Hand-Picked" Directors Ruled Discoverable In Breach Of Fiduciary Duty Action Against Private Equity Firm
In an adversary proceeding in the chapter 11 bankruptcy of car hauler Allied Systems Holdings, Inc., the creditors' committee asserted claims against Allied's directors for breach of fiduciary duty...
United States
24 Nov 2015
ABA: Lawyers Can Snoop On Jurors' Social Media Sites
Jurors always are admonished by judges not to conduct any independent factual research with respect to the cases they are considering.
United States
3 Jul 2014
Internet Law Is All Grown Up
When I first started working on legal issues relating to electronic data, we were back in the dark ages of the 1980s.
United States
25 Jun 2014
Federal Court Awards $3M to Prevailing Defendants for Predictive Coding Expenses
A California District Court awarded a whopping $12.4 million in fees to a prevailing defendant, including $3 million in e-discovery costs and fees.
United States
20 Jul 2013
Get Your E-Discovery Together
Once upon a time, the production of information in civil litigation primarily consisted of the exchange of hard-copy, paper records.
United States
21 Jan 2013
The Year In Tech Law 2012
Tumblr is a Website where users can share photos, music, videos, quotes and posts, all of which can be customized with different colors and themes.
United States
8 Jan 2013
Judge Scheindlin Helps Demystify Foreign E-Discovery
One of the most vexing problems for global companies and their lawyers is how to identify, collect, and use electronically stored information in e-discovery without ending up in jail or facing huge fines.
United States
19 Dec 2012
Pa. Supreme Court Rejects Federal Case Law On E-Discovery; Adopts Proportionality Test For E-Discovery In Amendments To Rules Of Civil Procedure
The Supreme Court of Pennsylvania on June 6, 2012, amended the Pennsylvania Rules of Civil Procedure to officially include the discovery of electronically stored information.
United States
18 Jun 2012
Superior Court Of Pennsylvania Holds Communications Between Attorneys And Experts Are Not Discoverable
In a significant reversal of its prior opinion, the Superior Court of Pennsylvania, sitting en banc, has ruled in Barrick v. Holy Spirit Hospital1 that communications between an attorney and his or her expert witness are not discoverable under the Pennsylvania Rules of Civil Procedure.
United States
8 Dec 2011
Harvesting Electronic Discovery
Since the Federal Rules of Civil Procedure were amended at the end of 2006 to specifically embrace electronic discovery, parties to litigation and their counsel have been scrambling to figure out the best and most economical ways to comply with their obligations in this area.
United States
10 May 2011
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