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I have said it before. I will say it again. The biggest mistake you can make for your business is choosing #biglaw to represent you in a TCPA class action. These guys keep getting smoked. Over and over again. Here is the...more
On March 21, 2025, the Georgia Senate passed S.B. 68, which contains numerous provisions affecting civil lawsuits in Georgia. The provisions include limits on the amounts plaintiffs can recover for medical expenses,...more
On April 20, 2023, Magistrate Judge Ann Marie Donio of the United States District Court for the District of New Jersey issued a comprehensive opinion concerning the appropriate level of sanctions for discovery misconduct. ...more
As if subpoena practice is not expensive and time-consuming already, there are times in which even a subpoena will not suffice to obtain a third-party’s records. Federal statutes may create confidentiality issues, or a state...more
Parties in today’s complex litigation world, and their counsel, need no reminder of the ubiquity of electronic discovery and the tremendous expense it occasions. Even before 2006, when “electronically stored information”...more
Editor's Overview - In last quarter's Newsletter, we commented that all eyes were on President Trump's nomination to the U.S. Supreme Court, as the outcome of the appointment process can have a significant impact on the...more
The amendment of Wis. Stat. section 803.08, which takes effect July 1, 2018, modernizes and brings needed clarity to class action practice in Wisconsin state courts. Precedent from the federal courts should help guide...more
Within two years of its implementation, several cases show that amended Rule 37(e) is having its intended impact, as judges are carefully applying the criteria articulated in the Rule prior to ordering curative measures or...more
In recent years, discussions regarding the contours of a federal court’s inherent authority to sanction litigants for bad-faith behavior have been heating up faster than a defective tire at highway speeds. In the 2015...more
In Fulton v. Livingston Financial LLC, 2016 WL 3976558 (W.D. Wash. July 25, 2016), U.S. District Judge James L. Robart sanctioned a defense lawyer who “inexcusabl[y]” relied on outdated case law and pre-2015 amendments to...more
All companies dislike incurring expenses in connection with document production, but it is particularly distasteful to do so in connection with matters in which the company has no stake. Luckily, in those instances, companies...more