Remove Court Rules Remove Litigation Remove Precedent
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Discretionary Stay of Discovery Pending Decision on Dispositive Motion

E-Discovery LLC

However: A court should generally deny a stay of discovery if discovery is needed in defense of the motion, or if resolution of the motion will not dispose of the entire case. The Federal Rules impose preservation and retention obligations , which are often accomplished with litigation holds and the like.

Discovery 130
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Court Holds That an ESI Protocol Must be Specific in GenAI Copyright Class Action

E-Discovery LLC

The court anticipated a large volume of ESI in diverse forms and, citing precedent, wrote: An ESI protocol has to be specific or it doesnt mean anything. Many (like me) agree with Kelly Twigger that: An ESI protocol is your roadmap to handling ESI issues in any litigation. Litigation exemplifies risk. 134, 135 (S.D.N.Y.

Discovery 130
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Protecting the Judiciary and the Rule of Law

E-Discovery LLC

It is also not acceptable to attack the judge making the ruling or try to interfere with the independence of the court. In response to the attacks, the ABA wrote: These statements attack the legitimacy of judicial oversight just because a courts ruling is not what the administration wants in a particular case.

Discovery 162
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Legal Turmoil in the Pharmaceutical Industry: AbbVie, Purdue, and Beyond

Complex Discovery

Supreme Court to protect its corporate records from disclosure, citing a lower court ruling that challenges the sanctity of attorney-client privilege. Circuit Court of Appeals’ February decision that deemed AbbVie’s patent litigation against Perrigo a “sham.” has petitioned the U.S.

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Protecting Public Expression

WA Bar News

This article discusses Washington state’s initial, constitutionally flawed effort to protect public speech, its enactment in 2021 of the Uniform Public Expression Protection Act (UPEPA), process under the UPEPA, and several recent Washington appellate court decisions applying the UPEPA. Expression Prot. Act prefatory note intro.,

Discovery 112
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Uber Technologies – Another Hyperlink Decision

E-Discovery LLC

Passenger Sexual Assault Litigation , 2025 WL 678543 (Mar. 3, 2025), the court issued another hyperlinked document discovery decision arising out of the parties ESI Protocol. While production issues concerning hyperlinked or modern attachments have been extensively litigated, in this blog I discuss some related evidentiary issues.

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Nokia and Amazon: A Patent Dispute Reshaping Tech Collaboration

Complex Discovery

This article unpacks how Nokia leveraged its IP portfolio to challenge Amazons use of video streaming and cloud technologies, leading to a wave of litigation. This marked a rare moment of aggression from Amazon, which had largely avoided patent litigation despite amassing over 15,000 patents related to its cloud operations.