Trial Bar News


12.1.17
Snapchat in eDiscovery: Now You See It, Now You Don’t

11.1.17
Who Holds the Work Product Privilege?

10.1.17
The Little-Known World of TAR

8.1.17
Rule 37(e):  The Road to Clarity for ESI Preservation

6.1.17
The Wondrous World of Wearables in Litigation

5.1.17
It’s a Privilege

4.1.17
Trends In Using Search Terms Or Keywords In e-Discovery

3.1.17
Continuances of Summary Judgment Motions to Conduct Additional Discovery

2.1.17
“Making (It) Facebook Official” - Authenticating and Admitting Social Media Evidence

1.1.17
Early Discovery of Financial Information to Support Claim for Punitive Damages

12.1.16
“I plead the Fifth!” - What to Do When a Party in a Civil Case Invokes the Fifth Amendment in Discovery

11.1.16
The Upside of Taking a Deposition from Your Office

10.1.16
“Hold On” - Evidence Preservation and Litigation Holds

8.1.16
A Civil Deponent’s Right to Remain Silent

6.1.16
Proportionality In Discovery

5.1.16
What’s a Record Anyway? Understanding How a Business Record is Defined Can Help Limit Overbroad Third Party Subpoena Requests

4.1.16
Wearable Technology Evidentiary Issues and Considerations

3.1.16
Good Bye “Any and All,” Hello Proportionality

2.1.16
“Show Me the Money” New Law Provides Greater Transparency in Issues of Equal Pay

1.1.16
Getting Ahead of the Document Game

12.1.15
Keep It Cool: The Benefits of Professionalism and Civility in Discovery Practice

11.1.15
Discovery Lessons from the Southern District of California

10.1.15
Evolving Responsibilities for Attorneys in ESI Discovery

8.1.15
Balancing Interests in the Disclosure of Employee Contact Information

6.1.15
Discoverability of Expert Consultants’ Work Product

5.1.15
How and When to Appeal an Adverse Discovery Ruling

4.1.15
“Our Lips Aren’t Sealed”

2.1.15
Accessing Public Records Through Informal Discovery

1.1.15
Protecting the Attorney Client Privilege with Cumis Counsel

11.1.14
Unclean Hands Not a Hands Down Defense

10.1.14
Depositions and Civility

9.1.14
Do Not LOL—Text-Messages are a Serious Matter When It Comes to E-Discovery

8.1.14
Finding Purpose - A Look at the Discoverability of Incident Reports

6.1.14
Effective Use of Section 2019.210 Trade Secret Statements in Discovery

5.1.14
Spoliation Remedies

4.1.14
To Retain or Not to Retain – Who Qualifies and How Best to Utilize Non-Retained Experts

3.1.14
Streamlining the Process - New Rules Increase Appeal of Arbitration

2.1.14
Ex Parte Communication with Former Employees

1.1.14
Getting Ahead of the Document Game

12.1.13
You Get What You Give—The Benefit of Making a Sincere Effort to Meet and Confer

11.1.13
Who Pays for Discovery? A Cost Roadmap for Clients

10.1.13
Challenging Third-Party Deposition Subpoenas for Business Records – Disruption of Business

8.1.13
Employers’ Ability to Limit Employees’ Online Activities Curtailed as Social Media Policies Come Under Scrutiny

6.1.13
Forecasting the Impact of Cloud-Computing on e-Discovery

5.1.13
Speculation and the Inadequate Document Production

4.1.13
United Tripartite: the Attorney-Client Relationship between Insurer, Insured & Counsel

2.1.13
The Application of Attorney-Client Privilege to Attorney Retention

1.1.13
Expert Testimony or “Smelly Cat”

12.1.12
Discovering a Plaintiff’s Current Personnel File

11.1.12
“No Harm, No Foul” – Showing of Prejudice Necessary to Obtain Sanctions for Spoliation of Evidence

10.1.12
Court Does Not Abuse Its Discretion in Striking an Answer and Entering Default

8.1.12
Employing Discovery to Continue a Summary Judgment Hearing

6.1.12
Beware – The Appealability of a Discovery Order

4.1.12
The Attorney Work Product Doctrine and Unintended Waiver

3.1.12
Court Does Not Abuse Its Discretion in Refusing to Hold-Camera Document Inspection Prior to Imposing Discovery Sanctions

2.1.12
Addressing the Disorganized Production

1.1.12
The Application of Attorney-Client Privilege to Attorney Retention

12.1.11
Egregious Discovery Misconduct Warrants Court’s Entering of Order of Default Against the Offending Party

11.1.11
The Role of Pitchess Discovery in Non-Criminal Actions

10.1.11
An Attorney’s Communications to Another Attorney Regarding A Legal Opinion of an Ongoing Case is Protected by the Attorney-Client Privilege

6.1.11
The Validity of an Entity’s Right to Privacy

5.1.11
To Google Or Not to Google - What employers are entitled to discover and consider in employment hiring decisions

4.1.11
The Limits of Trial Court’s Discretion Under Civil Code section 1717

3.1.11
Emails Between Attorneys and Clients Not Always Protected By Privilege

2.1.11
Unjustified Objections to Interrogatories About Responses to Previous Interrogatories Merit Sanction

10.1.10
Deposition Subpoena Is Valid Even Though Not Accompanied by an Executed Affidavit or Declaration

9.1.10
Discovery Sanctions Are Only for Past Costs Incurred, Regardless of Egregious Misconduct

7.1.10
Keeping Discovery Within the Scope of a Forum Non Conveniens Motion

6.1.10
Does Section 473 Include an In-House Counsel Who Is Also a Corporate Officer?

4.1.10
Failure to Comply With Discovery May Cost More Than Just Sanctions

3.1.10
Attorney Work-Product Privilege Does Not Extend to Written and Recorded Witness Statements, Including Those Taken by Counsel

1.1.10
Privileged Means Privileged

12.1.09
Preventing the Apex Deposition

11.1.09
Think Before You Object – The Appellate Court Affirms a Sanctions Award