Searching Content indexed under Disclosure & Electronic Discovery & Privilege by Morrison & Foerster LLP ordered by Published Date Descending.
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U.S. Court Of Appeals Makes U.S. Discovery Available In Aid Of International Commercial Arbitration
On September 19, 2019, the United States Court of Appeals for the Sixth Circuit, for the first time, ruled that 28 U.S.C. § 1782 ("Section 1782")
United States
10 Oct 2019
New DOJ Guidance On Cooperation In FCA Investigations Clarifies How Companies Can Receive Leniency In Exchange For Voluntary Disclosures, But Leaves Unanswered Questions
Earlier this week, the Department of Justice released guidance identifying the circumstances in which the Department would award credit to companies ...
United States
28 May 2019
Social Links: Settlement Declares Fake "Likes" Illegal; Pinterest's Impending IPO; A Bill To Criminalize "Social Media Extortion"
In what is being described as "the first settlement to deem such sales illegally deceptive," New York Attorney General Letitia James has entered into a settlement with a company that had been selling fake followers, likes and views on several social media platforms.
United States
7 Mar 2019
Back To The Future – Legal Professional Privilege
On September 5, 2018, the English Court of Appeal (the Court) issued its decision in The Director of the Serious Fraud Office v Eurasian Natural Resources Corporation Limited [2018] EWCA Civ 2006.
15 Oct 2018
Artificial Intelligence Vs. Emotional Intelligence
The advanced development of artificial intelligence (AI) accelerates by the day, forcing companies in just about every industry to contemplate the kind of disruption, ethical considerations,
United States
3 Oct 2018
Maximizing Protection Of Attorney-Client Privilege In Germany
The Diesel-gate scandal has now affected attorney-client privilege in Germany. Several German courts approved a search of international law firm Jones Day's premises in Germany
21 Aug 2018
Privilege In Investigations Is Not Yet Dead: ENRC Granted The Right To Appeal
In May earlier this year the High Court handed down a judgment which surprised many people.
9 Nov 2017
Proposition 65 Legislative Changes Likely "Lack Merit"
On October 5, 2017, California Governor Jerry Brown signed Assembly Bill 1583 into law. It was promoted as a means of reducing frivolous Proposition 65 (Prop 65) lawsuits...
United States
25 Oct 2017
Digital Age Expands Communication But Creates Discovery, Litigation Pitfalls
These efforts, Plantronics asserted, were proof that it took the requisite responsible steps to preserve ESI and that it did not intend to deprive GN Netcom of evidence.
United States
14 Aug 2017
Internal Investigations In The UK: Legally Privileged?
The English High Court (the "High Court") very recently handed down a highly controversial decision in a case between the Serious Fraud Office (SFO) and Eurasian Natural Resources Corporation Ltd (ENRC).
19 May 2017
U.S. District Court: Fund Trustees Cannot Rely On Attorney-Client Privilege In Section 36(b) Case
A federal district court has ordered mutual fund trustees to produce privileged documents to a plaintiff who sued an investment adviser accused of charging excessive investment advisory fees.
United States
8 Dec 2016
"Unleash The Hounds!" – Third Circuit Gives Lawyers The Green Light To File Their Own FCA Claims Based On Information They Learn Through Discovery
In June 2010, the F/V Majestic Blue sank in the South Pacific resulting in the death of its captain.
United States
17 Feb 2016
Defendants Find Relief From Burdensome Discovery Requests
Defendants with substantial resources frequently find themselves on the receiving end of unreasonable discovery requests in an attempt to overwhelm the party and stall litigation.
United States
12 Feb 2016
Go Fish: Do General Discovery Rules Apply To A Litigant's Facebook Posts?
While discovery of social media information has been commonplace for some time, courts are still struggling with when such discovery should be allowed.
United States
13 Jan 2016
Social Media E-Discovery: Are Your Facebook Posts Discoverable In Civil Litigation?
Judge Richard J. Walsh began his opinion in Largent v. Reed with the following question: "What if the people in your life want to use your Facebook posts against you in a civil lawsuit?"
United States
27 Aug 2015
Top Ten International Anti-Corruption Developments For May 2015
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments in the past month...
12 Jun 2015
The Law And Business of Social Media - Status Updates, May 20th, 2015
These days, courts are more and more frequently faced with disputes over whether, as part of the discovery process, a litigant should be entitled to view the opposing party's social media posts.
United States
25 May 2015
Effort To Hide Facebook Evidence By Deactivating Account Ends Badly For Louisiana Man
As social media has become ubiquitous, courts are wrestling with more discovery disputes involving social media accounts.
United States
19 May 2015
The Law And Business of Social Media - Status Updates - May 1st, 2015
Are the photos and status updates that you post to your social media accounts discoverable regardless of the privacy settings you choose?
United States
6 May 2015
New York Appellate Division Eliminates "Pending Or Reasonably Anticipated Litigation" Requirement For Common-Interest Privilege
On December 4, 2014, the New York Appellate Division, First Department, removed previous restrictions on New York’s common-interest doctrine when applied to the exchange of privileged information in mergers and acquisitions.
United States
17 Dec 2014
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