Searching Content indexed under Court Procedure by BakerHostetler ordered by Published Date Descending.
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Caution: Precertification Communications With Absent Class Members
Are absent members of an uncertified class or Fair Labor Standards Act (FLSA) collective action "parties" and thus "represented" by plaintiff's counsel?
United States
10 Apr 2019
New York Court Bucks Trend And Allows Discovery Of Documents Abroad Under 28 U.S.C. § 1782
A significant new ruling out of the Southern District of New York has ignited the debate over the extraterritorial scope of 28 U.S.C. § 1782.
United States
20 Jun 2018
Courts Deny Certification For Adequacy Of Representation In Second Class Action
One of the tactics in the current plaintiffs' wage and hour playbook is to bring a second claim after settlement of an initial class or collective action lawsuit.
United States
20 Feb 2018
Strategic Implications Of Amendments To The Federal Rules Of Evidence
These new authentication rules have the potential to make the use of electronic evidence much smoother at trial.
United States
29 Jan 2018
Attorneys' Professional Duty Of Care When Representing Clients In Litigation Or An Investigation Requires Higher Technological Literacy
The legal practice and technology go hand in hand, and a solid understanding of technology is crucial to satisfy the ethical duties owed by attorneys to their clients.
United States
23 Jun 2017
Judge Peck To Attorneys – Wake Up And Read Rule 34
First, responses must state grounds for objections with specificity: "General objections should rarely be used after Dec. 1, 2015...
United States
28 Mar 2017
House Passes Fairness In Class Action Litigation Act Of 2017
Yesterday, the U.S. House of Representatives passed the Fairness in Class Action Litigation Act of 2017 (H.R. 985) (the Act).
United States
21 Mar 2017
Mandatory Disclosure Of Third-Party Funding Agreements For Proposed Class Action Lawsuits
For years, certain lenders have agreed to fund all or part of a party's litigation costs, usually in exchange for an agreed share of any recovered proceeds, as part of a practice...
United States
7 Mar 2017
If The Scope Of Discovery Changed And No One Paid Attention, Did The Scope Of Discovery Change?
The scope of discovery may be more limited than you think. The Cole's Wexford opinion provides a thorough dissection of the history and past iterations of Rule 26...
United States
8 Feb 2017
‘Ancient' Data (And Documents): Prepare For Federal Changes To A Long-Standing Hearsay Exception
Unbeknownst to many, changes to the Federal Rules of Evidence governing the hearsay exception for ancient documents (FRE 803(16)), and additional rules governing self-authentication of evidence...
United States
20 Jan 2017
HHS Ordered To Eliminate Medicare Appeals Backlog By 2021
On January 4, 2017, the U.S. District Court for the District of Columbia rejected a request by the Secretary of HHS asking the court to reconsider its decision that requires HHS to eliminate...
United States
18 Jan 2017
Ninth Circuit Grants 23(F) Review Of Denial Of Class Certification For Inadequate Representation
We're all familiar with the basic requirements of Rule 23(a), with the focus most frequently on the issues of commonality and typicality under Rules 23(a)(2) and (3).
United States
18 Aug 2016
Post-Tyson Foods, Defendants Should Take The Offensive In Discovery Sampling
Following the Supreme Court's ruling in Tyson Foods and in light of the greater emphasis on proportionality in the amended Federal Rules of Civil Procedure...
United States
8 Jun 2016
Tyson Foods, Inc. V. Bouaphakeo: The Supreme Court Produces A Narrow Holding Involving FLSA Precedent And Rule 23 Principles
Employees have been bringing wage-and-hour collective actions since long before class procedures were officially integrated into the Federal Rules of Civil Procedures in 1966.
United States
4 Apr 2016
Notice To Unnamed Members Of Putative Class After Plaintiff Accepts A Precertification Tender Under New York CPLR § 908
Under Federal Rule of Civil Procedure 23(e)(1), claims, issues, or defenses of a certified class may be settled, voluntarily dismissed, or compromised with the court's approval.
United States
15 Mar 2016
Retooling Your Practice Under The New Rules With The Sedona Conference Institute: A Case Summary (Part 1)
Every year, The Sedona Conference Institute keeps us ahead of the e-discovery curve with panels such as the famous Case Law Update and Judicial Roundtable.
United States
3 Feb 2016
Congratulations! Now What?
Twitter is abuzz with messages about today's effective date for the changes to the Federal Rules of Civil Procedure that read more like birth announcements ("It's finally here!").
United States
4 Dec 2015
Day 4: Your First Five Questions (Times Four): A Practical Guide To The Amended Federal Rules Of Civil Procedure – Rule 34 Objections
While the amended rules, including Rule 34, encourage cooperation and communication between the parties, they still do not require parties to perform the other side's discovery work for them.
United States
30 Nov 2015
Day 3: Your First Five Questions (Times Four): A Practical Guide To The Amended Federal Rules Of Civil Procedure – Preservation
Preservation is being added to both Rule 16 and 26 as a topic for meet and confers and scheduling orders.
United States
27 Nov 2015
Day 2: Your First Five Questions (Times Four): A Practical Guide To The Amended Federal Rules Of Civil Procedure – Early Case Assessment
The current amended Federal Rules of Civil Procedure—and, in particular, those that address the practice of civil discovery—are the product of five years of development, debate, and, of course, dialogue.
United States
27 Nov 2015
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