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Is Marking Documents as “Work Product” an Admission that the Duty to Preserve is Triggered?

E-Discovery LLC

Generally, work product protects certain information prepared in anticipation of litigation. And, generally, the common-law duty to preserve is triggered when litigation is reasonably anticipated. 26(b)(3) protects “things that are prepared in anticipation of litigation or for trial” and Fed.R.Civ.P. emphasis added].

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Understanding Jury Duty and Misconduct in the Legal Arena

Jury Analyst

Modern trials have seen jurors access satellite images or visit crime scenes independently, which unequivocally contributes to verdicts being overturned. Litigants expect a fair trial, and introducing external evidence violates this expectation. Pronounced jury misconduct can lead to civil litigation.

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Understanding Jury Duty and Misconduct in the Legal Arena

Jury Analyst

Modern trials have seen jurors access satellite images or visit crime scenes independently, which unequivocally contributes to verdicts being overturned. Litigants expect a fair trial, and introducing external evidence violates this expectation. Pronounced jury misconduct can lead to civil litigation.