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.
What follows is another “guest post” by our blogger-in-training Dean Balaes. This one concerns remote corporate Rule 30(b)(6) depositions and a recent decision addressing them.
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In many respects, COVID-19 has created (to use the overused term) a new normal for the legal profession. When California became the first state to issue a stay-at-home order
Any lawyer practicing for more than five minutes has heard of the lawsuit called Jarndyce and Jarndyce. Charles Dickens constructed his great (in size and merit) novel Bleak House around the fictitious case, which drew together the fates of a large cast of characters. Jarndyce and Jarndyce concerned the interpretation of a will, occupied the
We’ve all seen the signs – No Shoes, No Shirt, No Service. Their exact origin may be unknown but these signs appear to have come to popularity in the 1960s and 1970s as a response by businesses to keep “long-haired hippies” out of stores and restaurants. Or maybe they were there before that but just
This post is neither written nor reviewed by the Dechert side of the Blog.
The recent decision in McLaughlin v. Bayer Essure, Inc., 2020 WL 1625549 (E.D. Pa. April 2, 2020), is massive (28 Westlaw pages) and devoted largely to review of a special master’s determination of individualized statute of limitations issues for some
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