The Sixth Circuit has largely ended the debate as to whether any communications between counsel and expert are protected from discovery. In Regional Airport Auth. v. LFG, LLC, 460 F.3d 697, 717 (6th Cir. 2006), it ruled that: ‛Rule 26 creates a bright-line rule mandating disclosure of all documents, including attorney opinion work product, given to testifying ex ...
The Sixth Circuit has largely ended the debate as to whether any communications between counsel and expert are protected from discovery. In Regional Airport Auth. v. LFG, LLC, 460 F.3d 697, 717 (6th Cir. 2006), it ruled that: ‛Rule 26…
On January 29, 2007, the Advisory Committee on the Federal Rules of Civil Procedure is holding a mini-conference in New York to address possible amendments to Rule 56. The concern is the perceived disparity between practice and the text of the rule. The most significant revision would require: (i) the moving party to file a statement of undisputed facts on whic ...
On January 29, 2007, the Advisory Committee on the Federal Rules of Civil Procedure is holding a mini-conference in New York to address possible amendments to Rule 56. The concern is the perceived disparity between practice and the text of…
The comment period for Proposed Federal Rule of Evidence 502 (Attorney-Client Privilege and Work Product; Waiver By Disclosure) ends on February 15, 2007. It is a very important rule that has four major components:
(1) It articulates a test for determining the extent of subject matter waiver of privileged or work product material that is v ...
The comment period for Proposed Federal Rule of Evidence 502 (Attorney-Client Privilege and Work Product; Waiver By Disclosure) ends on February 15, 2007. It is a very important rule that has four major components:
(1) It articulates a test for…
Yesterday, the Federal Circuit upheld a denial of sanctions by the Central District of California, reasoning that the District Court properly took into account the behavior of defense counsel in exercising its discretion not to sanction plaintiff's counsel: "[W]ith respect to the conduct of [plaintiff's] counsel in the litigation, the court observed that the conduc ...
Yesterday, the Federal Circuit upheld a denial of sanctions by the Central District of California, reasoning that the District Court properly took into account the behavior of defense counsel in exercising its discretion not to sanction plaintiff’s counsel: “[W]ith respect…
New York will have new ethics rules governing the contents of websites and advertisements effective February 1, 2007. They may be found at http://www.courts.state.ny.us/rules/attorney_ads_amendments.shtml. (GPJ)
...
New York will have new ethics rules governing the contents of websites and advertisements effective February 1, 2007. They may be found at http://www.courts.state.ny.us/rules/attorney_ads_amendments.shtml. (GPJ)
The ABA Standing Committee on Ethics and Professional Responsibility has opined that it is generally permissible under the Model Rules to peel metadata out of documents received electronically. (Formal Opinion 06-442: Review and Use of Metadata (August 5, 2006).) Note that state ethics rules, which often vary from the Model Rules, may impose other obligations. F ...
The ABA Standing Committee on Ethics and Professional Responsibility has opined that it is generally permissible under the Model Rules to peel metadata out of documents received electronically. (Formal Opinion 06-442: Review and Use of Metadata (August 5, 2006).) Note…
On December 26, 2006, the Second Circuit joined the Seventh, Ninth and Eleventh in concluding that the defendant bears the burden of establishing federal subject matter jurisdiction under CAFA. It also remanded to the District Court for explicit findings as to how it calculated reasonably probable damages, given that the $5 million aggregated amount in controversy ...
On December 26, 2006, the Second Circuit joined the Seventh, Ninth and Eleventh in concluding that the defendant bears the burden of establishing federal subject matter jurisdiction under CAFA. It also remanded to the District Court for explicit findings as…
On January 13, 2007, the Discovery Subcommittee of the Advisory Committee on the Federal Rules of Civil Procedure will be meeting in Arizona to consider whether the expert witness rule -- specifically, Rule 26(a)(2)(B) -- should be amended (1) to protect drafts of expert reports from discovery, (2) to protect some or all communications between counsel and expert for ...
On January 13, 2007, the Discovery Subcommittee of the Advisory Committee on the Federal Rules of Civil Procedure will be meeting in Arizona to consider whether the expert witness rule — specifically, Rule 26(a)(2)(B) — should be amended (1) to…
(1) The December 1, 2006 Electronic Discovery amendments to the Federal Rules of Civil Procedure and the increasing burden on outside counsel to monitor preservation and compliance.
(2) Increasingly stringent class certification requirements culminating in the Second Circuit's decision in the IPO Securities Litigation on December 5, 2006 (In re Initial Public ...
(1) The December 1, 2006 Electronic Discovery amendments to the Federal Rules of Civil Procedure and the increasing burden on outside counsel to monitor preservation and compliance.
(2) Increasingly stringent class certification requirements culminating in the Second Circuit’s decision in…
