We are careful when discussing discovery sanctions, particularly spoliation, for a simple reason.  The companies we represent that make medical products tend to have allegations about failing to produce discoverable information in the course of the litigation against them.  Indeed, there is a style of litigating against drug and device companies, and other corporate defendants,

Are protective orders worth the paper they are written on?  We have heard cynical attorneys pose that question, usually in a rhetorical fashion.  But our view has always been that protective orders—which we define here as court orders entered to protect against the disclosure of confidential information—are important and ought to be followed.  This view

It’s crunch time people.  No more browsing.  No more pondering.  No more scrolling.  Pick something and buy it.  More importantly, you need to ship it.  You may not be able to see all of your family this year, but you still want to make sure your gift makes it under their tree.  If so, today

In our personal jurisdiction posts, we’ve generally taken a dim view of plaintiffs who attempt to oppose Rule 12(b)(2) dismissal motions with requests for jurisdictional discovery.  Both our experience and our perspective leads us to view such requests as overwhelmingly likely to be fishing expeditions, designed more to delay and to increase the expense of

Sometimes discovery can feel like a four-letter word.  Take your pick – hunt, seek, find, dump, onus, cost(ly).  When we are talking about responding to interrogatories and document requests, we can add a few more – dull, drag, bore . . .  In other words, it’s not the most exciting part of litigation.  But the

It’s been a while.  We have updated our cheat sheet devoted to ediscovery for defendants differently than most of our other cheat sheets and scorecards.  The topic of discovery of plaintiffs’ social media is broad – such cases arise in a wide variety of non-drug/device contexts – other personal injury, employment, civil rights, occasionally even

This is from the non-Reed Smith side of the blog.

Sometimes a protective order just isn’t enough.  As product liability defense attorneys, we are often faced with discovery requests for highly sensitive trade secret information.  Plaintiffs’ counsel tend to think that a confidentiality or protective order is a cure-all that should allow companies to throw

Here is another post by our blogger in training, Dean Balaes.  This time he explores an interesting decision that applied the “sham affidavit” doctrine to defeat an all-too-common P-side deposition tactic, last minute leading questions (often when the defense has no time for re-cross) designed to generate self-serving answers that contradict prior damaging testimony.