ABA Journal

Discovery

84 ABA Journal Discovery articles.

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.

‘Alternative suspects,’ unreliable evidence support new trial for Adnan Syed of ‘Serial’ podcast fame, prosecutors say

Baltimore prosecutors are asking a judge to vacate the murder conviction of Adnan Syed, whose case was featured on the Serial podcast.

Thomson Reuters releases new version of online legal research platform Westlaw

Thomson Reuters has unveiled the latest iteration of Westlaw, its widely used online legal research platform. Westlaw Precision was introduced Wednesday and is the company’s first new version in more than four years.

Top St. Louis prosecutor is reprimanded for discovery missteps, misstatements in then-governor’s prosecution

St. Louis Circuit Attorney Kim Gardner was reprimanded Tuesday for her handling of a 2018 investigation into then-Missouri Gov. Eric Greitens for alleged invasion of privacy.

How could mistaken release of cellphone data affect Texas lawyer for Infowars founder Alex Jones?

Because of a mistaken cellphone revelation, the Houston lawyer representing Infowars host Alex Jones in a Texas defamation lawsuit could have exposed himself to malpractice claims by his client, legal disciplinary action by the state and sanctions in a separate case in Connecticut.

In ‘Perry Mason moment,’ lawyer impeaches Infowars host Alex Jones with texts mistakenly sent by opposing counsel

Updated: A lawyer for the parents of a child killed in the 2012 Sandy Hook shooting massacre in Newtown, Connecticut, confronted Infowars host Alex Jones on Wednesday with information from texts said to be mistakenly sent by Jones’ lawyers.

Senior legal counsel discusses how to align wellness and e-discovery

Ari Kaplan recently spoke with Amy Sellars, senior legal counsel for e-discovery and operations at the CBRE Group, a real estate company, and one of the founders of the Mind-Budget Connection, a new organization focused on empowering e-discovery professionals.

Licensed paralegals program in Oregon gets final approval

The Oregon Supreme Court has given final approval to a program that allows licensed paralegals to provide limited legal services in family law and landlord-tenant cases.

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