By issuing In Re: State Farm, the Texas Supreme Court gave lawyers a manual for handling discovery disputes in Texas courts. The opinion lists seven factors for balancing the requesting party’s need for discovery with the responding party’s claim of burden and cost. The factors are: Likely benefit of requested discovery; Needs of the case; […]Read more "Texas Supreme Court Opinion is a Manual for Handling Discovery Disputes"
A duty to use reasonable efforts to preserve potentially relevant information, including electronic data, arises when litigation has commenced or is reasonably anticipated. Today, mobile devices often contain unique, relevant data. Moreover, due to available technology, preserving mobile data is now generally easy and relatively inexpensive. Quite simply, the combination of unique, relevant data with […]Read more "A Duty to Preserve Mobile Data – YES!"
Email exchanges can create binding contracts, even when a formal document (which both parties expected to have prepared) is never signed, and even when all contract terms are not addressed in the emails, according to the judge in Neurovision v Medtronic. Executives Exchanged Emails Neurovision had sued Medtronic for patent infringement. While the suit was […]Read more "So Easy to Make a Contract in the Digital Age"
In Fischer v. Forrest, Judge Andrew Peck issued “a wake-up call to the Bar.” This New York federal magistrate judge took lawyers to task for “boilerplate” discovery objections, finding them to violate the 2015 amendments to the Federal Rules of Civil Procedure in multiple ways. Discovery Responses Must Meet Minimum Standards Judge Peck identified certain […]Read more "Boilerplate Discovery Objections Can Harm Your Case (And Cost Your Client Money)"
One of the challenges in much of modern litigation is the portrayal of complex technical information to fact finders, be they judges, juries or arbitrators. Companies involved in operations that depend heavily on scientific or other technical information, such as refineries, electric utilities, chemical manufacturers, and oil and gas producers, often need to bring or […]Read more "Looking for the Best Expert Witnesses? Remember Your Employees"
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 […]Read more "Scope of Duty to Produce Documents May Depend on Your Legal Rights: Do You Know Them?"
The Texas Supreme Court issued another trade secret decision on June 10, 2016. In Southwestern Energy Production Company v. Helfand, the Court reversed an award of over $11 million, but has allowed Helfand a second opportunity to prove damages at a new trial. Helfund presented confidential, trade secret data to Southwestern Energy Production Company (“SEPCO”) […]Read more "Texas Supreme Court Reverses Trade Secret Award, But Allows Another Opportunity to Prove Damages"