eDiscovery Needs Digital Forensics for a Mobile World
Why Lawyers Can't Ignore eDiscovery
It's Time to Think About Data Mapping Differently
The AI Trust Test in eDiscovery
eDiscovery Tips: Helpful Questions to Ask Your Clients
30-Minute Workshop: Resume Clinic for EDiscovery Project Managers
To Unlock AI’s Power, Think Predictive to Generative
Work This Way: A Labor & Employment Law Podcast | Episode 15: eDiscovery for Employers with Angela O’Neal, Nextra Solutions Director
Calculating eDiscovery Costs: Tips from Brett Burney
eDiscovery for the Rest of Us: Why Small Firm eDiscovery Matters
The Great Link Debate and the Future of Cloud Collaboration
Why Your eDiscovery Program and Technology Need Scalability
Bar Exam Toolbox Podcast Episode 237: Listen and Learn -- Discovery (Civ Pro)
#CaseoftheWeek with Kelly Twigger: Latin Markets Brazil, LLC v. McArdle
Podcast - Inteligencia Artificial
LFLM LAW with L.A.W - Discovery for Covid-19 Claims
Chemical Engineering Expert Witness Experience & Discovery – IMS Insights Podcast Episode 48
JONES DAY PRESENTS®: The Mechanics of Multidistrict Litigation: Streamlining Complex Cases
Bar Exam Toolbox Podcast Episode 204: Listen and Learn -- Scope of Discovery and the Work-Product Privilege
A Look at the Metaverse’s Legal Implications, with Special Guest Samantha Green, Director of Content Marketing, Epiq
In recent years, the landscape of dispute resolution has undergone a significant transformation, with a notable rise in arbitration and mediation as preferred methods for resolving conflicts. According to Morris, Manning &...more
The Second Circuit Court of Appeals recently affirmed a decision confirming an arbitration award in favor of Charles Schwab & Co. over allegations of discovery abuses that purportedly rendered the arbitration proceeding...more
Document production is becoming more common in arbitration today. Reliance on experts and other evidence to build and support a case has been and continues to be inevitable. Time and time again we see spiralling costs because...more
On June 13, the Supreme Court unanimously held that parties engaged in private, commercial arbitrations, as well as at least some investor-state arbitrations, seated abroad cannot obtain discovery in the United States under...more
In ZF Automotive U.S., Inc. v. Luxshare, Ltd., the U.S. Supreme Court unanimously determined that 28 U.S.C. § 1782 - a U.S. statute that allows participants in a “proceeding in a foreign or international tribunal” to discover...more
The U.S. Supreme Court resolved a dispute on Monday, June 13, 2022, that had been simmering in the lower courts for some time: whether 28 U.S.C. § 1782(a) authorizes district courts to order discovery in favor of private...more
Planning and preparation are key components for any successful arbitration. Over the years, as a former litigator and current arbitrator, I have gleaned a number of lessons and tips that I believe will help any attorney who...more
The United States Supreme Court is finally set to resolve a Circuit split regarding whether district courts can order discovery for private commercial arbitrations abroad pursuant to 28 U.S.C. § 1782. The Court granted...more
In popular culture, a trial often hinges on a single moment – an accidental admission of guilt or sudden epiphany from a budding lawyer. But when a matter heads to a final arbiter in the real world, a legal team will have...more
The Mississippi Supreme Court’s decision in Carrick v. Turner ex rel. Walley has the potential to expand arbitration in Mississippi. The case announces a standard for evaluating the validity of arbitration clauses that is...more
The potential for prolonged, overly burdensome and expensive discovery in both domestic and international arbitration seated in the United States has been a major concern among commercial entities and their counsel for many...more
City Beverages LLC, doing business as Olympic Eagle Distributing, and Monster Energy Co. entered into an agreement under which Monster had exclusive distribution rights for its products in a certain territory for 20 years....more
28 U.S.C. § 1782 is a powerful tool that permits foreign litigants to obtain broad U.S. discovery in aid of their foreign court litigation. Bank records and key documents can be obtained and witnesses can be deposed – all...more
The United States Court of Appeals for the Sixth Circuit (“Sixth Circuit”) has ruled that federal courts in the United States may order parties to produce documents and testimony in support of private commercial arbitrations...more
In its recent decision, Flock Estate v Flock, 2019 ABCA 194, the Alberta Court of Appeal considered the extent to which evidence and submissions proffered in an arbitration might be admissible in a related court proceeding....more
Opting for arbitration requires attorneys to balance efficiency and procedural protections. The implications of arbitration are something clients certainly have to carefully consider both when drafting arbitration provisions,...more
In December 2018 the “Prague Rules” were released, providing users of international arbitration with suggested streamlined procedures aimed at increasing speed and reducing cost. It is intended that this will be achieved...more
In recent years, US federal procedural law has emerged as a powerful weapon in cross-border disputes. In particular, section 1782 of Title 28 of the United States Code (28 USC §1782) allows district courts in the US to order...more
In a proceeding under the Federal Arbitration Act (“FAA”) to determine if a dispute must be arbitrated, a federal district court performs a more limited function than in a plenary civil action. On an application to stay an...more
Parties to arbitration proceedings frequently comment that they appreciate the arbitration process because it is a faster, more efficient, and less costly way to resolve their business disputes. Unlike litigation, arbitration...more
“Arbitration has been proven to be an effective way to resolve disputes fairly, privately, promptly and economically.” So provides the preamble to the Construction Industry Rules of the American Arbitration Association. ...more
Several weeks ago, we reviewed some of the newer Commercial Division Rules and reported on a couple recent decisions from Justice Shirley Werner Korneich of the Manhattan Commercial Division applying one of those Rules, Rule...more
Respondent moved for an immediate stay of an arbitration of claims relating to the purchase of insurance and to vacate the panel’s interim award requiring the posting of pre-hearing security. Petitioner moved to confirm the...more
As outlined in previous posts, the New York Commercial Division seeks to be a forward-thinking forum that adopts rule changes aimed at increasing efficiency and decreasing litigant costs. In August, a revised Model...more
Limited discovery (and the associated cost savings) is often touted as one of the benefits of arbitration over traditional litigation. Parties are generally confident that even the scaled-back discovery devices available in...more