Lawyers are concerned that discovery is getting out of hand.
The masses of data that are part of everyday operations in modern organizations are generating ever-more complicated discovery demands, even in simple cases.
A medical malpractice plaintiff did not have a right under the Health Insurance Portability and Accountability Act to the production of transcripts of ex parte physician interviews conducted by defense counsel, the Georgia Supreme Court has ruled in reversing a discovery order.
A prevailing defendant in a business lawsuit could not recover the vast majority of its discovery expenses relating to the collection of electronically stored information, the 4th U.S. Circuit Court of Appeals has ruled in affirming judgment.
The First Amendment does not protect the identity of hackers to the extent it does other anonymous individuals who publish defamatory material online.
That’s the conclusion reached Friday by a New Jersey appellate court.
An Illinois criminal defense lawyer thought he would expose shady police tactics by posting a video of an undercover drug buy on YouTube.
Unfortunately, the only thing the lawyer managed to do was incur the wrath of Illinois courts for misusing prosecution evidence disclosed during discovery in his client’s case.
A Colorado federal court has sanctioned the Equal Employment Opportunity Commission for delaying an employer’s efforts to discover the emails, texts and blog posts of employees seeking damages for sexual harassment.
Less than one year after a federal court judge issued a seminal electronic discovery decision blessing the use of computer-assisted review, the technology is already appearing in courts across the country.
The U.S. District Court for the Northern District of California has announced new guidelines regarding the discovery of electronically stored information (ESI).
Lawyers still making their way along the learning curve of social media evidence may struggle to find guidance from court opinions.
But two recent decisions with different results offer some clues on how to narrowly focus a discovery request to pass muster.
The New Jersey Supreme Court has released an enhanced jury instruction warning of the lack of reliability of eyewitness testimony.