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California Discovery

White & Case LLP

Ninth Circuit Relaxes Standard for Pleading Federal Trade Secrets Claims in California

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In California trade secrets cases, parties almost always fight about the scope of alleged trade secrets because a state statute requires identification of secrets “with reasonable particularity” before discovery. But in...more

Foley & Lardner LLP

Federal Trade Secret Plaintiffs Are Not Required to Identify Their Trade Secrets with Particularity Before Beginning Discovery,...

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In a recent decision, Quintara Biosciences, Inc. v. Ruifeng Biztech Inc., No. 23-16093, 2025 WL 2315671 (9th Cir. Aug. 12, 2025), the Ninth Circuit found that a plaintiff bringing claims under the Defend Trade Secrets Act...more

Clark Hill PLC

No early exit in federal trade secrets misappropriation cases

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In an important clarification of federal trade secret litigation, the Ninth Circuit in Quintara Biosciences, Inc. v. Ruifeng Biztech, Inc. recently rejected the argument that a plaintiff suing under the federal law (DTSA)...more

Array

Reproductive Attestations Update: What California Law Practices Need to Know

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Earlier this year, I wrote an article outlining a new HIPAA rule that became effective on December 23, 2024, requiring healthcare providers to obtain a Reproductive Attestation before releasing medical records in response to...more

Law School Toolbox

Law School Toolbox Podcast Episode 514: Listen and Learn -- Discovery (Civ Pro)

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Welcome back to the Law School Toolbox podcast! Today, as part of our "Listen and Learn" series, we're discussing Civil Procedure – specifically, the following topics related to discovery: motions to compel, interrogatories,...more

Proskauer - California Employment Law

Decertification Of Class Action Upheld

Allison v. Dignity Health, 112 Cal. App. 5th 192 (2025) - Two former registered nurses filed a putative class action against their former employer, alleging various wage and hour claims...more

Troutman Pepper Locke

Understanding California Senate Bill 940

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California Senate Bill 940 (SB 940), enacted in late 2024, introduces several key changes to arbitrations involving “consumer contracts,” which is defined as a contract prepared by a seller and signed by a consumer for the...more

Proskauer - Minding Your Business

Mastering Deposition Designations in California: Best Practices for Trial Success

Some of the most critical evidence at trial comes in the form of deposition testimony from witnesses who are unable to testify live at trial. Done right, deposition designations can powerfully support your case. Done poorly,...more

CDF Labor Law LLP

Allison v. Dignity Health Provides Roadmap For Employers To Defeat Class Action Claims

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The First District Court of Appeal’s recently published decision, Allison v. Dignity Health, is a win for employers holding that broad reliance on time-clock data and expert surveys is insufficient to sustain class-wide...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Citizen Suit Action/Clean Water Act: Two California Municipalities' Motion Alleges Spoilation of Laboratory Data by Environmental...

The Towns of Sunnyvale and Mountain View, California (collectively, “Cities”) filed a January 17th Pleading against San Francisco Baykeeper (“Baykeeper”) styled: Defendants’ Motion for Sanctions for Spoilation of...more

Vondran Legal

Options when you receive a Strike 3 Holdings subpoena from your ISP

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After years of handling hundreds of Strike 3 Holdings (S3) copyright defense cases, there is one question I get seemingly more than any other. The question is this: "should I contact my ISP to call off the subpoena?"...more

Allen Matkins

Is There A Contemporaneous Membership Requirement For LLC Inspections?

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The Nevada Limited Liability Company Act provides “a manager” of a limited liability company “shall promptly deliver . . . a copy of the information required to be maintained by paragraphs (1), (2), and (4) of subdivision (d)...more

Fishman Haygood LLP

U.S. Ninth Circuit Reinstates Product Liability Action that Had Been Dismissed on Statute of Limitations Grounds

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The U.S. Ninth Circuit Court recently revived a medical device lawsuit (Bennett v. C.R. Bard)1 centered on a fact issue regarding the plaintiff’s knowledge of a product defect as the cause of his condition. The case shines...more

Venable LLP

To Be or Not to Be...Discoverable: Third-Party Litigation Funders

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Should California courts permit litigants to conduct discovery into litigation funding, namely whether a third party is funding their adversary’s litigation efforts?...more

A&O Shearman

Northern District Of California Finds Willful Violation Of Injunction By Apple, Orders Enforcement and Refers Matter For Criminal...

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On April 30, 2025, Judge Yvonne Gonzalez Rogers of the United States District Court for the Northern District of California granted a motion by Epic Games, Inc. to enforce a 2021 injunction against Apple Inc., finding that a...more

ArentFox Schiff

Obtaining Out-of-State Third-Party Discovery: Where to Begin?

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A litigation before a court in one jurisdiction may require taking third-party discovery from third parties located in different jurisdictions. Litigants seeking third-party discovery from parties in other states may quickly...more

McGuireWoods LLP

Clients Lose Some, Win Some – Two Courts Assess the Common Interest Doctrine on Same Day: Part II

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Last week’s Privilege Point emphasized the difficulty of successfully asserting the common interest doctrine’s application. But in the right circumstances, even litigation adversaries can successfully protect some of their...more

Goldberg Segalla

Plaintiffs’ Appeal of Trial Court’s Order Granting Defendant’s Motion to Quash Service of Summons Successful in California

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Court of Appeal of California, First Appellate District, Division Four - Blanca Hernandez, et al., v. Volkswagen Aktiengesellschaft, et al. This litigation arises from claims of asbestos exposure. The plaintiffs allege the...more

Sheppard Mullin Richter & Hampton LLP

The Ninth Circuit Confirms That Liability Insurers Are Entitled to Corroborating Medical Documentation Before Settling a...

Liability insurers often receive policy limit demands from third-party claimants that allege serious injuries without corroborating medical records or bills. Since the enactment of California Civil Procedure Code section 999...more

Maison Law

Avoiding Common Mistakes When Filing a Personal Injury Claim in California

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Filing a personal injury claim can be challenging, especially in a state full of unusual laws like California. Each year thousands of Californians seek compensation for injuries and accidents. California has specific laws,...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: February 2025

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Keypoint: In this post: (1) How a privacy policy can defeat a plaintiff’s “delayed discovery” argument; (2) Two CA state courts reject plaintiffs’ allegations concerning personal jurisdiction; (3) Three courts dismiss PR/TT...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 302: Listen and Learn -- More on Discovery (Civ Pro)

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Welcome back to the Bar Exam Toolbox podcast! Today, as part of our "Listen and Learn" series, we're discussing Civil Procedure – specifically, the following topics related to discovery: motions to compel, interrogatories,...more

Latham & Watkins LLP

Court Dismisses Portions of Lawsuit Against California Climate Disclosure Laws

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Supremacy Clause and Dormant Commerce Clause claims against SB 253 and SB 261 were dismissed, while claims under the First Amendment proceed to discovery....more

IR Global

Joint Petition for Dissolution – A Solution for those seeking a Conscious Uncoupling

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In California, a couple seeking to part ways have limited options when filing for divorce. The standard procedure requires one party to initiate the process by filing a Petition for Dissolution of Marriage, which is then...more

JAMS

Discovery Special Masters and Referees: A View From Both Sides

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Having recently transitioned from being a litigator to serving as a discovery neutral, I've gained a distinct perspective on the role of discovery neutrals in our legal system. This experience has highlighted both the...more

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