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…
Blog Archives
Prohibiting Discovery of Attorney-Expert Communications
Tagged with: attorney work product, attorney-client privilege, attorney-expert communication, Litigation Practice
Posted in Litigation
Posted in Litigation
Is a Plaintiff’s Motive to File a Lawsuit Discoverable? Standard & Poor’s and the DOJ
By Hayes Hunt and Michael Zabel Every day, countless civil lawsuits are filed in this country. Every day, countless plaintiffs seek relief from our nation’s court systems, whether it be to recover for economic losses, to prevent future illegal conduct…
Tagged with: Civil Procedure, Department of Justice, Evidence, Litigation, Rule 11, S&P, Standard & Poor's
Posted in Litigation
Posted in Litigation
IRS’ Tea Party – When a Federal Agency Improperly Targets an Organization
By Hayes Hunt
and Jeffrey M. Monhait The focus on the political consequences of the Internal Revenue Service scandal has overshadowed a troubling reality that a federal agency targeted specific groups of people for discriminatory treatment. In singling out conservative groups,…
Tagged with: government investigation, Internal Revenue Service, IRS, Tea Party
Posted in Litigation
Posted in Litigation
Coercive Litigation Tactics – Playing Hardball in The Board of Trustees of the University of Illinois v. Micron Technology Inc.
By Hayes Hunt and Thomas M. O’Rourke It is not uncommon for the parties to play hardball litigation to exert pressure on the other side to settle a case. But if your opposing party engages in tactics that you perceive…
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…
Tagged with: attorney work product, attorney-client privilege, Claw back, Discovery, inadvertent disclosure, Litigation, Litigation Practice, privileged documents
Posted in Litigation
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…
Tagged with: Discovery, Litigation, Litigation Practice, Predictive Coding, Technology and Law
Posted in Litigation
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…
Tagged with: Discovery, ESI, Litigation, Litigation Practice, Predictive Coding
Posted in Litigation
Posted in Litigation
Effective Video Depositions — The Director’s Chair
By Benjamin E. Zuckerman of Cozen O’Connor Nothing is more boring than watching a witness testify on videotape. Especially after lunch. Jurors who don’t nod off should be given prizes. We live in an age of hyper-active movies, videos and…
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…
Will, Kate and Royal Prenuptials
By Jennifer Brandt We all sat transfixed last week as Will and Kate finally tied the knot. The pageantry and revelry accompanying their wedding was a fairy tale brought to life. But, what went on between the couple in those…
Tagged with: Cozen O'Connor, Family Law, Hayes Hunt, Jennifer Brandt, Kate Middleton, Marriage, Prenuptial Agreement, Prince William, Royal Wedding
Posted in Litigation
Posted in Litigation
