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Searching Content indexed under Disclosure & Electronic Discovery & Privilege by Reed Smith ordered by Published Date Descending.
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1
Stupid Expert Tricks
Recently, Bexis was contacted by a reporter who had read the blog's post on ghostwriting. Bexis explained that people at the top of any profession
United States
8 Oct 2019
2
Why Should FDA Warning Letters Be Any Different?
We've blogged numerous times about the tentative, non-final, and informal status of FDA warning letters (and untitled letters and similar enforcement precursors
United States
10 Sep 2019
3
LCJ Federal Rules Of Evidence Survey
The Lawyers For Civil Justice is conducting a non-scientific poll on social media concerning challenges that litigators face that involve expert evidence.
United States
14 Aug 2019
4
United States
11 Jul 2019
5
Ediscovery For Defendants In Practice
We've repeatedly advocated that defendants try turn the e-discovery tables on plaintiffs whenever possible
United States
10 Jul 2019
6
This Is Why Communications With Consultants Are (Or Are Not) Privileged And Protected
This is the second in a two-part series on attorney-client privilege and work product protection. We did not plan it this way, but our recent
United States
10 Jul 2019
7
Update To Our 2011 Post On When Counsel Can Confer With Their Own Witnesses During Depositions
Of all the one-off posts that we've done, our post from 2011, "Depositions – When Can You Talk To Your Own Witness?," has probably garnered the most ongoing use by litigators generally.
United States
22 May 2019
8
Certification Of Complete Document Production: Completely Unnecessary
We recently gave a talk on things in MDLs that drive us crazy.
United States
22 Jan 2019
9
The Latest On Predictive Coding
We last reviewed the case law on predictive coding (also called "technology assisted review" ("TAR")), about 2 ½ years ago. Back then, we concluded:
United States
9 Jan 2019
10
Discovery Rule Rules The Day On Statute Of Limitations Motion To Dismiss
Geographical pride. A feeling of community. Belonging. Being one of the locals. We all experience it to some degree. Sometimes you take it with you.
United States
29 Nov 2018
11
Plaintiffs' Sanctions Request Emphatically Denied
In a classic case of overreaching, plaintiffs in the In re Abilify MDL, sought sanctions against the defendant for not preserving emails dating between 2002 and 2006 – more than a decade before the start of the litigation.
United States
17 Oct 2018
12
Saving The Privilege After An Inadvertent Disclosure
So you're sitting next to one of your client's senior executives.
United States
2 Oct 2018
13
Discovery Sanctions Affirmed After Plaintiff Lost Summary Judgment
Just two weeks ago, we largely praised an MDL court's handling of sanctions for a plaintiff's stonewalling in response to discovery obligations, but thought the plaintiff ...
United States
21 Sep 2018
15
United States
6 Sep 2018
16
Can Plaintiffs Preempt The Preemption Defense By Demanding Preemption Discovery?
The whole business of discovery in civil litigation is dreary and depressing. In a mass tort, a defendant can rack up defense verdicts yet still incur discovery costs that exceed the damage amounts
United States
14 Aug 2018
17
Litigation Tourists Visit New York And Are Sent Packing
A few weeks ago, we reported on another in a line of Missouri appellate decisions rejecting the ability of Missouri courts to try the claims of non-Missouri residents ...
United States
8 Aug 2018
19
Fifth Circuit Orders New Trial of Pinnacle Hip Implant Trial That Produced That Half-Billion Dollar Verdict
This lambasting by the Fifth Circuit could change the game in the Pinnacle Hip Implant MDL.
United States
30 Apr 2018
20
Learned Intermediary Doctrine Bars Plaintiff's Discovery Of Direct-To-Consumer Advertising In Ambien Case In District Of Nevada
We are back in the trenches today after spending a wonderful day in New York with our lifelong best friend, in yet another of the blissfully endless celebrations of the milestone birthday we marked in December.
United States
17 Apr 2018
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