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Trade secret and contract claims often travel together. For example, a failed collaboration that involved the exchange of confidential information may result in the disclosing party alleging that the recipient both...more
In most civil actions in the State of New Jersey, parties are responsible for the payment of their own counsel fees subject to limited exceptions. In the context of a guardianship action, however, the party who commences the...more
On October 16, 2023, judges from the U.S. District Court for the Eastern District of New York and the U.S. District Court for the Southern District of New York published proposed changes to their joint local rules. As the...more
On June 17, 2024, the Southern and Eastern Districts of New York released updated joint local civil rules. The new rules are effective in all pending and new matters as of July 1, 2024, except that if a pending deadline is...more
In some instances, even after an individual is deemed incapacitated and a guardian is appointed, an application may be subsequently filed by the incapacitated person to either terminate the guardianship or to reduce the scope...more
In this episode, Gina Rubel goes on record with Sabrina Mizrachi, who is the Vice President and Deputy General Counsel of Litigation and Global Product Regulatory at Estée Lauder. Sabrina provides regulatory guidance, manages...more
January is a time to set goals and ponder what the new year will bring. It is also a time to think about what happened last year. In the world of litigation, it is important for lawyers and eDiscovery professionals to take...more
According to data released by the Ministry of Justice 63% of cases listed in 2022 and 69% of cases listed in Q1/Q2 2023 in the Commercial Court involved at least one non-UK registered party. Despite the increasing frequency...more
Summer is over and court administrators are back at work, churning out proposals for streamlining litigation and increasing the constructive use of remote technologies to handle judicial business. This blog post identifies...more
On August 23, Judge Rebecca Beach Smith issued a notable decision that serves as a stern warning to out-of-state counsel seeking to practice in the Eastern District — and, perhaps more so, to the local counsel who choose to...more
In the federal system, deposition testimony often provides crucial evidentiary support for summary judgment motions— a key procedural device for narrowing contested issues that require trial or, in some cases, eliminating the...more
The United States Court of Appeals for the Third Circuit recently adopted amendments to its Local Appellate Rules, creating a new L.A.R. 26.1 and modifying L.A.R. Misc. 113.3(c). The amended rules now create a uniform 5:00...more
The rapid transition to technology-enabled remote court hearings shows no signs of abating, with several state supreme courts proposing in recent weeks amendments to civil procedure rules that would standardize virtual...more
On March 16, 2023, the Appellate Division in New Jersey issued a decision in Davis v. Disability Rights New Jersey, which set forth guidelines for when a litigant’s private social media posts may be subject to discovery by...more
Remote depositions now are a fixture in modern litigation practice, a fact that has not gone unnoticed by the nation’s largest bar association. On Feb. 6, the American Bar Association’s House of Delegates approved the...more
Magistrate Judge Elizabeth A. Pascal recently denied an unopposed Motion to Redact and Seal (“Motion”) portions of a transcript of a telephone conference with the Court. In denying the Motion, the Court found multiple...more
Yes absolutely, but with one caveat. Counsel should not overlook the requirement to carefully document the necessity of any costs claimed to be taxable. This includes costs for videotape copies of depositions....more
On December 1, 2022 an amended version of Local Civil Rule 7.1 went into effect in the United States District Court for the Eastern District of Virginia, adding a disclosure requirement for citizenship information in...more
Earlier this year court officials in Clark County, Nevada, attempted to rein in deposition misbehavior by issuing an administrative order that collects in one place the law pertaining to the most common deposition-related...more
Under its recently issued Standing Order 1-22 (link here), the Massachusetts Superior Court increased the number of hearing types that it will “presumptively” conduct by videoconference. The standing order applies to...more
Patent cases are complex and often challenging undertakings because they frequently involve innovative technology, unique litigation procedures and unusual legal issues. Additionally, because patents are depreciating assets,...more
The District of Delaware has recently instituted several requirements in patent cases, many in response to the overwhelming caseload in part due to a judicial vacancy. In addition to the specific patent standing orders...more
Earlier this month the Florida Supreme Court ordered sweeping changes to that state’s court rules, giving technology-driven virtual hearings and remote depositions a permanent role in the state’s judicial processes....more
Minnesota’s judicial system is not going back to the way cases were decided prior to the COVID-19 pandemic. Starting June 6, litigators in Minnesota’s courts will have the certainty of knowing in advance which case matters...more
While Delawareans are proud of the well-deserved elevation of Judge Stark to the Federal Circuit, his absence coupled with the District of Delaware’s heavy caseload is forcing the Court to manage the docket by instituting the...more