Scope of Duty to Produce Documents May Depend on Your Legal Rights: Do You Know Them?

The rules that govern civil litigation in federal courts require parties to produce potentially relevant documents (including electronically stored information or “ESI”) that are in the party’s “possession, custody, or control.”  The rules do not define “possession, custody, or control,” although that phrase can apply to massive amounts of data, especially now that potentially relevant […]

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Companies Face Criminal Convictions for Mistakes in Data Gathering and Record Keeping

On August 9, 2016, a jury in a California federal court convicted Pacific Gas & Electric (“PG&E”) of six criminal counts.  PG&E’s conviction was not related to the cause of the San Bruno explosion in 2010, where eight people died, although PG&E was convicted of one count of obstructing the National Transportation Safety Board’s investigation […]

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D.C. Circuit Decision Highlights the Power of the EPA

The U.S. Court of Appeals for the District of Columbia Circuit dismissed industry challenges to the Major Boilers Rule, the Area Boilers Rule, and the Commercial/Industrial Solid Waste Incinerators Rule.  In one particular component of its rejection of industry’s challenge, the DC Circuit highlighted the power of the EPA in implementing environmental statutes. Setting MACT […]

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