Blog Archives

Deposition Tactics – Obstructionist Litigation

By Hayes Hunt and Arthur Fritzinger With fewer trials and an increasing focus on using the discovery process to leverage a favorable settlement or resolution, it is common for litigation counsel to be obstructionist during discovery. For example, counsel may

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Posted in Litigation

Prohibiting Discovery of Attorney-Expert Communications

By Jeffrey M. Monhait Are communications between attorneys and their retained experts discoverable?  For now, the answer appears to be no, as a divided Pennsylvania Supreme Court recently affirmed a Superior Court decision “creat[ing] a bright-line rule denying discovery of

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Posted in Litigation

Consumers & Binding Arbitration – Company Websites & Social Media

By Hayes Hunt & Jeffrey Monhait Can a company require that you give up your right to sue the company if you download a coupon from the company’s website?  What if you “like” one of the company’s products on Facebook? 

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Posted in Social Media & Law

Less Discovery? Proposed Amendments to the Federal Rules of Civil Procedure May Change the Scope of Discovery As We Know It

By Thomas G. Wilkinson, Jr. & Thomas M. O’Rourke According to some estimates, discovery costs account for between 50 and 90 percent of total litigation costs. In an attempt to streamline federal discovery, the Judicial Conference Committee on Rules of

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Posted in Discovery

Predictive Coding – Clawing Back Privileged Documents

By Hayes Hunt and Jillian R. Thornton With regard to privilege review, lawyers utilizing predictive coding of ESI need to be especially vigilant not to inadvertently produce privileged documents. Although predictive coding can be used to assess privilege as well

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Posted in Litigation

What Judges are Doing with Predictive Coding

By:  Hayes Hunt and Jillian Thornton The difficulty with implementing processes such as predictive coding is that the technology is so new that these methods are fairly untested in court. However, the first wave of cases discussing the propriety of

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Posted in Litigation

Predicting the Future of Predictive Coding

By Hayes Hunt and Jillian R. Thornton A decade ago, document review meant a small militia of lawyers sitting in a windowless warehouse surrounded by bankers’ boxes full of paper documents. Now, thanks to extreme information inflation, the bulk of

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Posted in Litigation

The Usual Stipulations – Deposition Mythology

Every lawyer has heard the phrase “usual stipulations” at their first deposition.  I swallowed a few four-letter words in my stomach the first time I heard the suggested “usual” stips.”  Nothing was usual!  This was my first deposition and although

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Posted in Litigation
About the Editor
Hayes Hunt concentrates his practice in the representation of individuals, corporations and executives in a wide variety of federal and state criminal law and regulatory enforcement matters as well as complex civil litigation. Hayes is a partner in the firm's Commercial Litigation Department as well as its Criminal Defense and Governmental Investigations Group.
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