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California Poised to Sharpen Antitrust Enforcement with New Penalties

California continues to ramp up recent efforts to ferret out anticompetitive conduct in the Golden State through oversight and enforcement. In 2023, the state appointed an antitrust prosecutor to head up its new Division of...more

California Enacts Expansive New Refinery Controls

On October 14, 2024, California Governor Gavin Newsom signed into effect ABX2-1, which was developed and passed in a special legislative session. The aggressive new law — ostensibly designed to prevent the sort of supply...more

California’s Top Antitrust Enforcer Promises First Criminal Prosecutions in 25 Years

California Senior Assistant Attorney General Paula Blizzard announced that the California AG’s office will “reinvigorate” its dormant criminal enforcement of the Cartwright Act. For more than a century, California’s...more

2023 Chemicals & Energy Antitrust Report

For companies in the energy and chemical sectors, the potential for antitrust scrutiny is an ever-present concern. The next round of enforcement inquiries is never further away than the next jump in commodity prices or the...more

The Development of AI-Driven E-Discovery Tools

Recent headlines have been dominated by rapid developments in generative artificial intelligence, and a number of startups are positioning themselves to offer new tools to the legal industry making use of this groundbreaking...more

The Future of Generative AI Discovery Tools

The legal world recently learned an important lesson about the blind adoption of generative AI when two New York attorneys were sanctioned for using ChatGPT to write a brief that included entirely fabricated cases. The firm...more

California Creates New Oil “Watchdog”

The State of California has officially launched a new Division of Petroleum Market Oversight within the California Energy Commission, and appointed a seasoned antitrust prosecutor to lead it....more

A Proactive Playbook in a Digital World: Managing Data Preservation In Software-Based Litigation

It’s an ever-present threat in our digital world: You get sued, and the case involves your software, website, and/or customer data. The first step in any filed or threatened litigation is to implement a litigation hold to...more

What do you do when the data is changing? – eDiscovery of Dynamic Data

Companies rely and track granular and constantly updated data sets every day. But what do you do when you need to preserve, review, and produce that “dynamic data” in discovery?...more

Reducing Costs of Privilege Review and Privilege Logging

The difficulty of handling privilege disputes can be especially pronounced in cases involving a prolonged discovery period and large corporate defendants with different document custodians. When a party chooses to withhold...more

eDiscovery Pitfalls in a Remote World

In the last few years, remote work has proliferated, and with it the discovery process has become more complicated. With work-from-home as an option (if not the norm) in many industries, company data is commonly being...more

Criminalizing Monopolists: Sincere Revival, or DOJ Sabre-Rattling?

Since early 2022, representatives of the U.S. Department of Justice’s (“DOJ”) Antitrust Division have made a series of increasingly strident public remarks about the Antitrust Division’s newfound willingness to criminally...more

What’s Under the Hood? Navigating Meta-Discovery

What is meta-discovery? Discovery on discovery, or meta-discovery, is discovery directed at the manner and methods that opposing counsel used to locate, preserve, search, review, and produce relevant information....more

What To Do When You’re Required To “Categorize” Your Electronically-Stored Information

The familiar rigors of complying with requests for eDiscovery—searching for, reviewing, processing, and producing electronically stored information (“ESI”)—can be challenging enough. As of January 1, 2020, however, California...more

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