News & Analysis as of

Burden of Proof › Appeals › Discovery

White and Williams LLP

PA Superior Court Imposes Heavy Burden on Defendants to Challenge Propriety of Venue

White and Williams LLP on

Efforts by defendants to challenge venue in Philadelphia took another backwards step this week when the Superior Court of Pennsylvania reversed a Philadelphia Court of Common Pleas’ order transferring venue to Bucks County....more

Faegre Drinker Biddle & Reath LLP

The California Supreme Court Shrugs Off a Settlement to Provide Important Guidance on Admissibility of Former Deposition Testimony...

Faegre Drinker Biddle & Reath LLP on

We reported back in December [California Supreme Court Set to Decide How Defense Counsel Approach Defending Company Witness Depositions] on a case then pending before the California Supreme Court, Berroteran v. Superior...more

Weintraub Tobin

Losing Twice at Trial: Denying Requests for Admission Can Come Back to Bite You

Weintraub Tobin on

Litigation tends to be expensive, increasingly so due to the burdens of discovery. (You can thank the advent of emails, text messages, and other forms of communication now documenting conversations that used to take place by...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Provides Further Guidance on Demands to Inspect Electronic Communications

Skadden, Arps, Slate, Meagher & Flom LLP on

Recently, Delaware corporations faced with demands for books and records under 8 Del. C. § 220 have increasingly been forced to contend with demands for electronic communications, such as emails. Historically, the Delaware...more

Dechert LLP

Potential Criminality Under Foreign Law Not a Bar to Disclosure of Documents in English Civil Proceedings

Dechert LLP on

Bank Mellat v HM Treasury [2019] EWCA Civ 449 - Synopsis - Obligations of confidentiality arising under a foreign legal system do not automatically entitle a party litigating in England to withhold documents from...more

Proskauer - Minding Your Business

Key Lessons From the Recent Precedential Order by Federal Circuit – Jurisdiction, Mandamus, and Privilege

Proskauer - Minding Your Business on

On November 17, 2016, the United States Court of Appeals for the Federal Circuit published a precedential order denying a petition for a writ of mandamus to overturn a district court’s determination. In In re: Rearden LLC,...more

Adler Pollock & Sheehan P.C.

Rhode Island Supreme Court Decision Serves As A Reminder To Engage Necessary Experts Early In The Case

Adler Pollock & Sheehan P.C. on

A recent Rhode Island Supreme Court decision serves as an important reminder of the need to engage essential expert witnesses early in a case and, at a minimum, before discovery responses are due....more

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