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Self-Collection, Discovery About Discovery, and Curative Sanctions

E-Discovery LLC

Among them were: general principles of discovery; the role of counsel in self-collection; discovery on discovery; the date that the litigation hold was triggered; whether reasonable post-trigger steps were taken; curative sanctions under Fed.R.Civ.P. Some Tactical Options for Businesses Faced With Pre-Litigation Preservation Demands (Jan.

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Beyond the Bar Number > Marty Strelecky

WA Bar News

Although not as glamorous as high-stakes litigation, we solve problems and help real estate markets trade more efficiently and with less risk. It relies on the presumption of innocence, the government’s burden of proof, the right to a jury trial, and the assistance of counsel. What attracted you to the practice of law?

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CAFC Affirms PTAB Ruling on Motivation and Expectation of Success Over Newman’s Dissent

IP Watchdog

Ethicon on appeal contended that the PTAB improperly placed the burden of proof on them and that the PTAB’s finding of reasonable expectation of success when the asserted prior art was combined was unsupported by substantial evidence. 9,844,379 B2 (the ‘379 patent) were unpatentable as obvious.

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When is a Categorical Privilege Log Insufficient?

E-Discovery LLC

Managing E-Discovery and ESI: From Pre-Litigation Through Trial” (ABA 2011), 355-58. The court noted that the party invoking privilege has the burden of proof and that privileges are construed narrowly. See Categorical Privilege Logs: Don’t Shoot a Mouse with an Elephant Gun (Mar. 17, 2021). Berman, et al.,

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Decoding Justice: Key Differences Between Civil and Criminal Litigation

CaseFox

The legal proceedings can be broadly categorised into civil and criminal litigation, each governed by distinct laws and procedures. This blog highlights the key differences between civil and criminal litigation according to the law. Discovery is the process by which parties exchange information and evidence.

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A Year in Review: Joseph, Hollander & Craft 2024

Joseph, Hollander & Craft

The criminal defense teams 2024 trial results demonstrate the importance of putting the prosecution to its burden of proof. He continued, Putting the law enforcement agency on the hook for a prevailing claimants attorney fees should also encourage more reasonable positions in litigation and settlement negotiations.

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Town Sanctioned for Prejudicial Breaches of Duty to Preserve in Alleged Sexual Assault Case; Court Also Addresses Use of Personal Email by Council Members

E-Discovery LLC

Once a party reasonably anticipates litigation, it is obligated to implement a ‘litigation hold’ to ensure that potentially relevant evidence under its control is identified, located, and preserved for use in the anticipated litigation….” see generally Burden of Proof: Sanctions for Intentional Deletion of Text Messages (Jul.