By Hayes Hunt and Jeffrey Monhait Lawyers must take “appropriate” steps to preserve their clients’ potentially relevant and discoverable social media evidence. That is the key take-away from an ethics opinion recently issued by the Philadelphia Bar Association. However, lawyers…
Blog Archives
Lawyer’s Duty to Preserve Social Media Evidence
Tagged with: Discovery, duty to preserve, Ethics, Litigation, Social Media Law
Posted in Social Media & Law
Posted in Social Media & Law
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…
Tagged with: Deposition Practice, Depostion Objections, Discovery, Litigation, Litigation Practice, Objections
Posted in Litigation
Posted in Litigation
30 (b)(6) Corporate Designee Depositions – What You Need to Know
By Hayes Hunt and Joshua Ruby In a world where the overwhelming majority of cases never make it to trial, depositions take on outsized importance. They will almost certainly be the only in-person testimony either party has the opportunity to…
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…
Tagged with: Civil Procedure, Deposition Practice, Depositions, Discovery, Federal Rule of Civil Procedure 29, FRCP 26, Litigation, Litigation Practice
Posted in Discovery
Posted in Discovery
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
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…
Will Pennsylvania Prohibit Discovery of All Attorney-Expert Communications?
By Thomas G. Wilkinson, Jr. and Thomas M. O’Rourke In 2010, the Federal Rules of Civil Procedure were amended to address certain problems with prior expert discovery rules which were interpreted to allow discovery of virtually all communications between attorneys…
Tagged with: attorney work product, attorney-expert communication, experts, Litigation, Rules of Civil Procedure
Posted in Discovery
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…
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
