ABA Journal

Discovery

91 ABA Journal Discovery articles.

Federal judge reminds lawyers that ‘this proceeding is not the playground’

Updated: A federal judge in Colorado has warned lawyers for litigants in a business dispute that he will not “sit idly by in the face of further mudslinging.”

Did 1 contract clause cause Proskauer client’s $636M loss? Judge refuses to toss malpractice suit

A Massachusetts judge has refused to toss a $636 million malpractice lawsuit contending that a botched contract drafted by Proskauer Rose caused its client’s loss of a minority interest in a hedge fund.

Alleged cut-and-paste mistake wasn’t reason for client’s claimed $636M loss, Proskauer argues

Proskauer Rose is arguing that a bad business partner—and not a drafting mistake—is to blame for a client’s losses, which are alleged to be around $636 million.

Weekly Briefs: SCOTUS nixes immigration arguments; decapitation defendant attacks her lawyer

SCOTUS drops arguments in immigration case

The U.S. Supreme Court on Thursday removed a case from its argument calendar in which 19 states sought to keep in place an immigrant…

Federal judge rejects Trump’s quid-pro-quo DNA offer in suit by rape accuser

A federal judge in Manhattan, New York City, has ruled against former President Donald Trump after he belatedly offered to provide a DNA sample in a suit filed by a woman who accused him of sexual assault, in exchange for missing pages of a forensic analysis of the dress that his accuser says she wore on the day in question.

Lawyers for Trump and rape accuser square off over DNA offer

Lawyers for former President Donald Trump and a woman who accused him of sexual assault are fighting over his offer to provide a DNA sample in exchange for missing pages of a forensic analysis of the dress that she claims to have worn on the day in question.

Judge sanctions Facebook and BigLaw firm $925K for ‘delay, misdirection and frivolous arguments’

A federal judge in San Francisco has ordered Facebook and Gibson, Dunn & Crutcher to pay a sanction of $925,000 for an “unusually egregious and persistent” effort to use “delay, misdirection and frivolous arguments to make litigation unfairly difficult and expensive for their opponents.”

Law firm’s more protective test for attorney-client privilege ‘is a big ask,’ Kagan says

U.S. Supreme Court Justice Elena Kagan told a lawyer representing a tax law firm Monday that his proposed expansive test for protecting documents under attorney-client privilege “is a big ask,” according to coverage of the oral arguments.

Mistaken disclosure of confidential documents leads to suspension for lawyer representing Infowars host

Updated: A Connecticut judge has ordered a six-month suspension for a lawyer representing Infowars host and founder Alex Jones because the attorney “carelessly” handled confidential documents mistakenly released to the opposing counsel in a defamation trial against Jones.

Arnold & Porter is ordered to pay more than $150K in sanctions for discovery ‘poor judgment’

Updated: A New York judge has ordered Arnold & Porter Kaye Scholer to pay more than $150,000 for failing to notify the state of New York of relevant late-discovered documents in opioid litigation and for other "discovery breaches."

More than $2M in sanctions sought against Gibson Dunn and Facebook

Plaintiffs are seeking more than $2 million in sanctions against Facebook and its lawyers at Gibson, Dunn & Crutcher after a federal judge said they engaged in “dilatory discovery conduct.”

Alex Jones case shows inadvertent disclosure of electronically stored information is a real risk

Lawyers often have to deal with an incredible amount of material and documents, spanning many rooms and filling countless boxes. What lawyers once did by hand, such as identifying privileged materials that should not be disclosed to the other side, can now be done with the help of sophisticated technology. But mistakes can and do happen.

Former BigLaw associate is accused of lying about time spent on document review project

A former Dentons associate is accused in an ethics complaint of falsely claiming that he spent 277 hours to review 425 documents for a client responding to a discovery request.

Will Trump be indicted in Mar-a-Lago documents case? His lawyers see possibility, object to special master request

Updated: Lawyers for former President Donald Trump mentioned the possibility of an indictment in a letter resisting a special master’s request for information about the declassification of documents seized at Trump’s Mar-a-Lago home in Palm Beach, Florida.

Judge criticizes Gibson Dunn and Facebook for alleged effort to ‘obstruct and delay’ discovery

A federal judge wants additional briefing on the type of sanctions that he could consider against Facebook and its law firm Gibson, Dunn & Crutcher in multidistrict litigation alleging privacy violations by the social media platform.

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