Remove Defendant Remove e-discovery Remove e-filing
article thumbnail

One Exhibit No Attorney Wants to See

Trial Technology

This is one trial exhibit you never want to see – at least as the Defendant in your own trial. I can tell you that I’ve seen plenty of cases where a client might have had a decent chance of prevailing, had they decided to try filing something like this. in the ABA Model Rules of Professional Conduct.

Attorney 130
article thumbnail

Supreme Court Fixes One Problem with the Copyright Statute of Limitations, But Punts Another — Warner Chappell Music v. Nealy (Guest Blog Post)

Eric Goldman

In so holding, however, the Court declined to resolve the logically antecedent question of whether the discovery rule applies to the three-year copyright statute of limitations, finding “that issue is not properly presented here, because Warner Chappell never challenged the Eleventh Circuit’s use of the discovery rule below.”

Court 105
professionals

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

No, You Don’t Have to Read Everything

Joshua Gilliland

I have met lawyers who have a crazy idea: They HAVE to read EVERY email, document, Excel file, video, and every other bit of ESI produced in discovery. Lawyers have a duty of competency to their client, and candor to the court, to look at what is relevant to their case and responsive to discovery requests. United States v.

article thumbnail

Proportionality and Labeling ESI Productions

Joshua Gilliland

Here is the short version of the dispute in a complex case: The Plaintiff brought a motion to strike the Defendants’ requests for production that were duplicative. The Court noted that many of the Defendantsdiscovery requests were improper omnibus requests where no effort was made to tailor the discovery request to the issues in the case.

article thumbnail

Understanding the CCB’s First Two Final Determinations (Guest Blog Post–Part 3 of 3)

Eric Goldman

By guest blogger Elizabeth Townsend Gard , John E. Koerner Endowed Professor of Law, Tulane University Law School [See part 1 about defendant opt-outs and part 2 about defendant defaults.] Eight months after filing, the first two Copyright Claims Board (CCB) Final Determinations have been handed down.

e-filing 105
article thumbnail

Don’t Be Late and Ineffective with Litigation Holds

Joshua Gilliland

The City did not issue a litigation hold until three years AFTER the complaint had been filed. The City further argued that since the Plaintiff’s had overly broad discovery requests, they should not be sanctioned for failing to preserve relevant ESI. City of New York (S.D.N.Y. 2, 2016) 2016 U.S. LEXIS 868, at *1. 153, 164-66 (S.D.N.Y.

article thumbnail

How to Write a Motion for Court

Clio

courts, they will be dealing with motions filed in court. Here we explore the essential aspects of writing court motions, including research, analysis, drafting, and filing. Understanding court motions A court motion is filed when one party to a litigation matter wants the judge to take a specific action in the case.

Court 52