There is quite a bit of discussion these days about protocols. Using good judgment in setting how often you should wash your hands, what measures should be in place for a certain type of business to operate, how often to test for infection and/or antibodies, and many other protocols seems like a no-brainer. We will

Just a few months ago we blogged about cloned discovery pointing out that in a world of already asymmetrical discovery burdens on defendants, allowing plaintiffs to magnify that discrepancy by forcing defendants to reproduce discovery from prior cases is an abusive process.  We stand by that position and are happy to add to the list

When a lawsuit settles, both sides get something. When one of our cases settles, one of the things we get is a raft of mixed emotions. Undeniably, there is a sense of relief. Three weeks of 20 hour days suddenly open up. We can go home. (That sounds a little funny now that we are

Someone asked us the other day whether spoliation sanctions could lie against a non-party for alleged loss/destruction of electronically stored information sought through a third-party subpoena.  On the one hand, assuming there is personal jurisdiction, the substantive discovery rules do not vary between parties and non-litigants subjected to valid subpoenas.  On the other hand,

Recently, Bexis was contacted by a reporter who had read the blog’s post on ghostwriting.  Bexis explained that people at the top of any profession – medical, legal, engineering, whatever – have more reasons opportunities to publish than they could possibly have time to write from scratch on their own.  Judges have law clerks,

We’ve repeatedly advocated that defendants try turn the e-discovery tables on plaintiffs whenever possible – particularly in MDLs where discovery is flagrantly one-sided – by going after plaintiffs’ social media information.  In just about every case involving allegations of personal injuries, social media will have admissions by plaintiffs concerning their conditions and activities that concern