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Defendants Should Not Have Moved to Dismiss, Negotiated an ESI Protocol, and Engaged in Discovery Before Moving to Compel Arbitration

E-Discovery LLC

13, 2025), defendants waived their right to arbitration by moving to dismiss for failure to state a claim, negotiating an ESI Protocol, and engaging in discovery for 17 months. Discovery commenced after the Courts initial scheduling conference on August 15, 2023. Avis Rent a Car System LLC , 2025 WL 484588 (D.N.J.

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How Not to Conduct a Meet and Confer or Comply With an ESI Protocol

E-Discovery LLC

28, 2025), the court entered an order denying plaintiffs motion to compel supplemental document discovery and closing discovery. The court recited the discovery history and added: Despite the relative simplicity of this action, discovery has been anything but simple.

Discovery 130
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Amendments to CR 26 and 30 Will Change Discovery and Deposition Practice

WA Bar News

They will require a material change in the way many attorneys practice discovery. EXPERT WITNESS DISCLOSURE It was the Work Group’s impression that many litigants tactically withhold discovery of testifying expert witnesses on the ground that no disclosure is required until a case schedule deadline.

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Court Denied Unopposed Motions for Protective Order and Approval of ESI Protocol

E-Discovery LLC

MIDDLE DISTRICT PRECEDENT The Orlando Health court cited Middle District Discovery (2021) §VIII (requiring cooperation amongst counsel regarding discovery of ESI and encouraging counsel to discuss protocols for exchange of ESI) and Local Access, LLC v. Discovery Plan” (Jan. Section VIII.F emphasis added]. However, § VII.B

Discovery 130
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Legalweek 2025: Judges Signal New Competency Standards in AI-Era Discovery

Complex Discovery

Editor’s Note: Courts are sending a clear message: technical fluency is no longer optional in the world of modern discovery. The consensus was clear: the gap between technical capability and legal practice is narrowing, with significant implications for case outcomes, professional responsibilities, and judicial patience.

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Patent Litigation Firm is Seeking an Experienced Patent Litigator

IP Watchdog

The ideal candidate would have experience managing patent enforcement cases, including routine motion practice, claim construction, discovery, pretrial preparation, trial, and appeal.

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Deposition Misconduct: Rules, Risks, and Remedies

WA Bar News

First, by focusing on these two areas, I definitely do not imply that these are the only issues that can arise in either depositions or discovery more broadly. 9 Washington’s appellate courts have also long spoken to the need to “play fair” in discovery generally and with witness testimony in particular. Washington RPC 4.4(a)