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Searching Content indexed under Disclosure & Electronic Discovery & Privilege by Butler Snow LLP ordered by Published Date Descending.
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1
Expert Disclosures: Navigating The Distinction Between Retained And Non-Retained Experts
In 2010, Fed. R. Civ. P. 26 was amended to require full expert reports and other disclosures for retained expert witnesses, but only summaries of anticipated opinion testimony of non-retained experts.
United States
11 Oct 2019
2
The Texas Multiple Personality Privilege: Privileged Communications with an Expert Witness Who is Also Your Client
Over a decade ago, the Texas Supreme Court held that any document provided to a testifying expert in anticipation of her testimony must be disclosed to the other side
United States
29 Aug 2019
3
You're Not My Client … But The Attorney-Client Privilege Still Applies!
In Dialysis Clinic, Inc. v. Kevin Medley, 567 S.W.3d 314 (TN 2019), the Tennessee Supreme Court decided as a matter of first impression that attorney communications with a third party
United States
9 Jul 2019
4
When In Doubt, Assert A Rule 403 – Jackson Young Lawyers May 2018 News
Butler Snow's Margaret Z. Smith recently was republished by Jackson Young Lawyers May 2018 Newsletter for an article she authored titled "When in Doubt, Assert a Rule 403" ...
United States
4 Jun 2018
5
Rule 26 Proportionality – Think Beyond The Price Tag
More than three years after their implementation, attorneys, courts, and litigants are still learning to navigate the new waters in Federal Rule of Civil Procedure 26. As a result of the 2015 amendments...
United States
27 Mar 2018
6
Litigation As a Tort: A Short Exercise With Consequences
ALL LITIGATION INFLICTS INJURY. This is not just a question of cost. It is also a question of injury to reputation, emotional distress, restrictions on personal freedom, and other dignitary insults.
United States
5 Mar 2018
7
ESI Discovery Best Practices, Part 8 – Joni Mitchell Lyrics From 40 Years Ago Foreshadow ESI Spoliation Battles Of Today
While it is possible that with four decades of music, Joni Mitchell's lyrics have been referenced in a court opinion before, I'd venture a guess that Ms. Mitchell has never made an appearance in an ESI case.
United States
4 Jul 2017
8
Are Confidential Pre-Suit Investigations Actually Confidential? Understanding The Unsettled Privilege Of Self-Critical Analysis
In the realm of product design and manufacture, the idea of a product is conceptualized, developed, and ultimately transformed into a final, tangible product for user consumption.
United States
7 Apr 2017
9
Strategic Tactics For Defending Recall-Related Products Liability Litigation
The use of recalls by manufacturers of all varieties of products, from food to automobiles to pharmaceuticals, to make sure that their products are safe in order to succeed in the marketplace...
United States
6 Apr 2017
10
S.D.N.Y. Litigators Hit Snooze Button, Magistrate Judge Peck Issues Second "Wake-Up Call" For "Every Litigator"
Renowned (e)discovery guru (and I use that term advisedly) Andrew Peck, a U.S. Magistrate Judge for the Southern District of New York, recently issued what he termed a "wake-up call" to the Bar...
United States
22 Mar 2017
11
Recent Child Pornography Conviction May Not Be Used To Impeach Injured Truck Driver
The Tennessee Court of Appeals, in Anderson v. Poltorak, No. M2015-02523-COA-R3-CV, filed December 29, 2016,
United States
10 Mar 2017
12
Bieber, Beer, And… Protective Orders
On February 8, 2017, pop star Justin Bieber was scheduled to be deposed in Santa Monica, California.
United States
10 Mar 2017
13
ESI Discovery Best Practices, Part 7 – New FRCP One Year In – ESI Game Changer Or Business As Usual?
So, were the new rules the game-changer many thought they would be as to ESI? Or has it been business as usual? My answer: "both."
United States
21 Feb 2017
14
Don't Assume A Strong Discovery Protective Order Means Your Client's Confidential Information Will Not End Up In The Public Record
The scenario is pretty common. A company is served with a subpoena duces tecum in a lawsuit to which it isn't a party.
United States
6 Oct 2016
15
Tennessee Business Court Decides "Who Goes First" In Discovery In Trade Secrets Case
In a Tennessee Uniform Trade Secrets Act case, the Tennessee Business Court set some discovery guidelines for business competitors in litigation over alleged misappropriation of trade secrets.
United States
4 Oct 2016
16
The Fifth Circuit Rules Findings From SEC Civil Investigation Are Admissible Evidence At Trial
The Fifth Circuit Court of Appeals appears to have handed white collar defendants a new tool for trial.
United States
12 Sep 2016
17
Sixth Circuit Denies Seal Of Approval For Unjustified Filings Under Seal
Litigants and third parties subpoenaed to produce information in litigation who believe that information that they deem confidential will not ever become part of the public record, beware...
United States
8 Sep 2016
18
The Tennessee Business Court Tackles Privilege Claims
The Tennessee Business Court has provided additional guidance to commercial litigators concerning internecine legal battles between members of limited liability companies.
United States
6 Jun 2016
19
Everything Old Is New Again: New Sources For Spoliation Sanctions
A recent case in the Middle District of Tennessee highlights the scope and limits of spoliation sanctions under amended Rule 37(e).
United States
13 Apr 2016
20
The Alabama Supreme Court Reverses Course On The Broad Use Of Prepetition Discovery
In pertinent part, Alabama Civil Procedure Rule 27(a) allows a person to perpetuate that person's own testimony or that of another person before a lawsuit is filed.
United States
17 Nov 2015
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