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Category: Discovery and Discovery Protections

Business Court Forms Re Case Management

ADR
Posted on October 21, 2019January 25, 2023

A number of business and complex litigation courts have created standardized forms for use by their judges and practitioners. We have previously posted some of…

Michigan Business Court Judge on Adequacy of Initial Disclosures

Discovery and Discovery Protections
Posted on October 11, 2019January 25, 2023

As part of a Michigan Institute for Continuing Legal Education program, Business Court Judge Christopher Yates recently addressed the adequacy of initial disclosures from a…

Michigan Business Court Enforces Protective Order Across Cases to Preclude Use of Confidential Documents

Discovery and Discovery Protections
Posted on June 4, 2019February 6, 2023

In a recent opinion, Michigan Business Court Judge Christopher Yates addressed whether a protective order against disclosure in one case could be enforced in a…

Document Disclosure Pilot Program in Business and Property Courts

Discovery and Discovery Protections
Posted on March 27, 2019January 26, 2023

The Business and Property Courts of England and Wales are experimenting with document disclosure procedures under a two year pilot program, set out in full…

Philadelphia’s Commerce Court Permits Discovery of In-House Counsel in Legal Malpractice Suit Against Outside Counsel

Discovery and Discovery Protections
Posted on March 13, 2019February 6, 2023

This case involves a legal malpractice suit, allegedly rooted in the defendants’ conflict of interest. The complaint alleges that at a time when the defendant…

Examples of New Jersey Complex Business Litigation Program Opinions (SAR Privilege and Successor Liability)

Banking and Lending
Posted on February 28, 2019February 6, 2023

Following up on developments in New Jersey’s Complex Business Litigation Program (CBLP), we note that opinions issued by CBLP judges can be found on this…

New Jersey Complex Business Litigation Program’s New Rules, Guidelines, Model Forms, and a Brief History

Discovery and Discovery Protections
Posted on February 26, 2019February 7, 2023

New Jersey’s Complex Business Litigation Program (CBLP) opened its doors on January 1, 2015. New Jersey’s Supreme Court created the CBLP and made it part…

Wisconsin Business Court Enters Default Judgment as Spoliation Sanction Based on a Panoply of Egregious and Flagrant Misconduct

Discovery and Discovery Protections
Posted on February 18, 2019February 6, 2023

Wisconsin Commercial Docket Pilot Project Judge Michael J. Aprahamian recently issued an opinion addressing spoliation sanctions for a relentless pattern of ill-intended acts, including altering or destroying electronic…

Discovery and Information Protections: Privilege Logs, Protective Orders, Confidentiality Orders, Filing Under Seal, and Avoiding Waiver

California
Posted on January 9, 2019January 26, 2023

A number of business courts have implemented rules or provided forms regarding discovery, and other document and information, protections. These cover privilege logs, protective orders, confidentiality orders,…

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