Searching Content indexed under Disclosure & Electronic Discovery & Privilege by Jones Day ordered by Published Date Descending.
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Second Circuit: Discovery Statute Reaches Documents Held Overseas By U.S. Entities
Multinational corporations with U.S. operations may be forced to produce documents located abroad in aid of foreign proceedings.
United States
25 Oct 2019
ITC Excludes Expert Testimony for Violation of Ground Rules
By: Alex Li and Ryan McCrum – In a recently issued order, ALJ Lord granted-in-part and denied-in-part Respondents' motion in limine to exclude certain testimony of Complainants' expert
United States
18 Sep 2019
Trouble In Paradise: No Privilege For Stolen Documents
The doctrine is not enforceable as a "sword" in its own right to prevent other parties from using privileged documents obtained without consent.
10 Sep 2019
Supreme Court Will Decide Whether "All The Expenses" Includes "Attorneys' Fees"
As we wrote previously, the Federal Circuit sitting en banc held that a patent applicant can seek district court review of a PTO rejection of its application without having to pay for the time the PTO's attorneys spent on the case.
United States
15 Mar 2019
Disputed Material Facts Snap Complainant's Motion For Summary Determination Of Economic Prong Of Domestic Industry
Complainants routinely file motions for summary determination of domestic industry at the ITC in the hopes of reducing the number of issues that must be addressed during the hearing.
United States
14 Mar 2019
Privileges Against Self-Incrimination And Penalties To Impact Australian Class Action Strategy
In a shareholder class action, the plaintiff sought discovery of documents from the defendant partnership in relation to alleged statutory contraventions associated with its role as auditor of a company that had gone into liquidation.
1 Nov 2018
PTAB Grants Rare Motion For Additional Discovery
This is consistent with the limited discovery in proceedings held before the PTAB.
United States
30 Aug 2018
Establishing Domestic Industry Based On Future Products
In a recent order, ALJ Bullock indicated that it is unsettled whether evidence related to unreleased products can be used to establish that a domestic industry exists.
United States
22 Aug 2018
Second Circuit Precludes Foreign Proceedings Discovery From U.S. Counsel
This is a significant decision, given how often non-U.S. clients entrust U.S. law firms with their documents.
United States
26 Jul 2018
EU Issues Proposal To Allow Law Enforcement Access To Overseas Data
On April 17, 2018, the European Commission proposed a legislative package to allow EU Member State law enforcement and judicial authorities access, directly from service providers...
European Union
6 Jul 2018
High Court Of Australia Settles Principles For Preliminary Discovery
The Situation: Pfizer, a pharmaceutical manufacturer, brought an application for preliminary discovery of certain confidential documents belonging to Samsung Bioepis ("SB") ...
6 Jun 2018
ALJ Denies Sanctions For Being Unsupported By Discovery Misconduct
In a recent order, Administrative Law Judge ("ALJ") Shaw denied Complainants' Paice LLC and the Abell Foundation, Inc. ("Paice") motion for evidentiary sanctions against Respondent Ford Motor Company ...
United States
6 Mar 2018
Texas Appellate Court Rules On Discoverability Of Settlement Agreements
In In re GreCon, Inc., a Texas appellate court recently addressed when a party must produce settlement agreements.
United States
27 Feb 2018
New York's Top Court Rules 7–0: "Private" Facebook Posts Subject To Disclosure
On February 13, 2018, the New York Court of Appeals ruled unanimously that a user's "private" Facebook messages and photos are subject to disclosure where that information is "reasonably calculated to contain evidence material and necessary to the litigation."
United States
27 Feb 2018
Courts Are Closely Following Amended Rule 37(e)'s Limits On Sanctions For Lost ESI
Within two years of its implementation, several cases show that amended Rule 37(e) is having its intended impact, as judges are carefully applying the criteria articulated in the Rule prior to...
United States
8 Feb 2018
Courts Are Closely Following Amended Rule 37(e)'s Limits On Sanctions For Lost ESI
This Jones Day White Paper examines Rule 37(e) cases decided over the past year and explains why proper litigation holds are the first step for minimizing the risk of sanctions.
United States
7 Feb 2018
ALJ Precludes Reliance On New Domestic Industry Products
Following up on a previous post, Administrative Law Judge Bullock recently granted Respondents Fujifilm Holdings Corporation, Fujifilm Corporation...
United States
30 Jan 2018
Australia's Banking Executive Accountability Regime: A Dangerous Bill
The Government's proposal to implement the Proposed BEAR within nine months will not achieve sensible, balanced or fair regulation of the banking industry.
10 Oct 2017
Respondents Sanctioned For Discovery Violation
On September 28, 2017, in Certain Carbon and Alloy Steel Products; Inv. No. 337-TA-1002, ALJ Lord issued the public version of her order requiring Respondents Wuhan Iron and Steel Group Corp., ...
United States
9 Oct 2017
Eastern District Of Texas Latest Court To Criticize "Subject To" Language In Discovery Objections
The Eastern District of Texas recently criticized a party's statement in its written discovery responses that it would produce documents "subject to" its objections.
United States
27 Jun 2017
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