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Corporate Counsel Discovery

Woods Rogers

Sixth Circuit Protects Corporate Internal Investigations

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In a notable victory for corporations, the U.S. Court of Appeals for the Sixth Circuit issued a critical ruling in In re: FirstEnergy Corporation that strengthens the protections of the attorney-client privilege and...more

Skadden, Arps, Slate, Meagher & Flom LLP

9th Circuit Ruling Offers Guidance on Timing of Trade Secrets Disclosures in DTSA Cases

On August 12, 2025, the U.S. Court of Appeals for the Ninth Circuit reversed a district court ruling striking certain trade secrets asserted by a plaintiff on the grounds that the plaintiff had not spelled out its trade...more

Foley & Lardner LLP

Sixth Circuit Affirms Attorney-Client Privilege and Work-Product Protection over Internal Investigation Materials

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Internal investigations have become a relatively normal part of doing business, but that does not mean the fruits of those investigations are discoverable even if they have a “business purpose.” The U.S. Court of Appeals for...more

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

Husch Blackwell LLP

Seventh Circuit Raises the Bar for Collective Actions, Gives Employers New Tools at the Notice Stage

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The Seventh Circuit’s decision in Richards v. Eli Lilly & Co. represents the most significant shift in collective action procedure in the circuit in decades. For many years, district courts in the circuit have utilized the...more

Fox Rothschild LLP

8 Essential Litigation Tips for In-House Counsel and Business Leaders

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Most business disputes settle. But if you bank on settlement without preparing for trial, you put your company at a disadvantage. The best settlements come when the other side knows you are fully ready for court. That means...more

Jaburg Wilk

Think Twice Before You Type: AI Chats May Not Be Private or Protected

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Last week, I was half-listening to one of my favorite podcasts during a workout when something OpenAI CEO Sam Altman said immediately caught my attention. He was chatting it up with comedian Theo Von on This Past Weekend when...more

Constangy, Brooks, Smith & Prophete, LLP

Court raises the bar for plaintiffs seeking to certify collective actions under FLSA, ADEA

Another federal appellate court has rejected the Lusardi approach to managing collective actions under the Fair Labor Standards Act and the Age Discrimination in Employment Act. In Richards v. Eli Lilly & Co., the U.S....more

Gordon Rees Scully Mansukhani

Redefining Early FLSA Litigation: The Impact of Eli Lilly

On August 5, 2025, the U.S. Court of Appeals for the Seventh Circuit issued its decision in Richards v. Eli Lilly & Co., No. 24-2574, fundamentally reshaping how district courts in Illinois, Indiana, and Wisconsin evaluate...more

McGuireWoods LLP

Missouri Supreme Court Railroad Case’s Upjohn Analysis Goes Off the Tracks: Part II

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Last week’s Privilege Point described the Missouri Supreme Court’s understandable conclusion that a railroad employee did not have a personal attorney-client relationship with railroad lawyers who interviewed her about an...more

Esquire Deposition Solutions, LLC

How AI Is Helping Corporate Legal Departments

According to a recent survey, artificial intelligence gained a significant foothold in corporate legal departments in 2025, where it is being used mostly for contract drafting and review, legal research, and document...more

EDRM - Electronic Discovery Reference Model

The Legal Ops Advantage: Why Smart Lawyers Don’t Go It Alone

Picture this: you’re in-house counsel, and your company’s just been sued. But you’ve seen this film before. You know (with reasonable certainty) how much it’ll cost to get from complaint to Rule 26, through discovery, motions...more

McGuireWoods LLP

No Lawyer Required: Part I

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The very term “attorney-client privilege” would seem to necessitate a lawyer’s involvement in any communications deserving that evidentiary protection. But in some critical intra-corporate situations, the protection covers...more

Baker Donelson

Privilege Under Fire: Protecting Forensic Reports in the Wake of a Data Breach

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In the chaos following a cyberattack, forensic reports are often pulled together under intense pressure and can assist companies in responding to and remediating the incident. However, if you're not careful, these reports...more

Morgan Lewis

Key Themes and Actionable Insights from Recent eDiscovery Case Law – Q1 2025

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Recent eDiscovery rulings from the first quarter of 2025 reveal courts grappling with redaction practices, cross-border data transfer tensions, evolving artificial intelligence (AI) usage in litigation, and increasing...more

EDRM - Electronic Discovery Reference Model

Everything a Corporate Legal Team Needs to Know About eDiscovery

If your legal department handles complex litigation or regulatory matters, you already know that eDiscovery is more than a back-office function – it’s a critical business risk that touches data governance, compliance, IT, and...more

Hogan Lovells

Recent New York decision highlights that courts can recognize a foreign judgment even without personal jurisdiction

Hogan Lovells on

In Cargill Financial Services Int’l, Inc. v. Barshchovskiy (S.D.N.Y. Feb. 18, 2025), the U.S. District Court for the Southern District of New York clarified that recognition of a foreign monetary judgment by a New York court...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

Kilpatrick

TCPA class actions – unpublished Third Circuit decision illustrates use of consent defense to defeat predominance requirement for...

Kilpatrick on

Takeaway: Congress passed the Telephone Consumer Protection Act (TCPA) in 1991 to address an increase in abusive and unwanted telemarketing practices. For the first few decades of the TCPA’s existence, courts construed the...more

Vorys, Sater, Seymour and Pease LLP

The Supreme Court and Intellectual Property in 2024-2025: What Was Decided, What Is To Come And What Was Declined

In wrapping up the 2023-24 term and embarking on the 2024-25 term, the Supreme Court was asked to decide a number of intellectual property cases. The Court issued several significant opinions in 2024 and has taken several...more

Beacon Insights by JD Supra

The Year in eDiscovery – 2024 Popular Reads on JD Supra

A year-end recap of some of the most widely read Electronic Discovery updates, commentary, and guidance published on JD Supra throughout 2024....more

Patterson Belknap Webb & Tyler LLP

You Can Go In-House, But You Can’t Hide: In-House Counsel Not Immune from Deposition

On November 13, 2024, United States Magistrate Judge Victoria Reznik (S.D.N.Y.) granted-in-part and denied-in-part DJ Plaintiff Carvana, LLC’s (“Carvana”) motion for a Protective Order to preclude Defendant IBM from deposing...more

Association of Certified E-Discovery...

In-House Counsel in the Custodian Debate: Balancing Proportionality and Relevance

In Dale v. Deutsche Telekom AG, Magistrate Judge Jeffrey Cole addressed a recurring issue in complex litigation—whether in-house counsel are appropriate custodians in discovery. The October 4, 2024 decision also highlights...more

Association of Certified E-Discovery...

eDiscovery Lessons for In-House Counsel: A Case Study in What Not to Do

In the complex world of eDiscovery, the responsibilities of in-house counsel are more critical than ever. The stakes are high, and the consequences of missteps can be severe, as highlighted in this week’s Case of the Week. In...more

Benesch

Exploring First Amendment and Editorial Judgment Protections for Large Language Models

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Large language model (LLM) companies are at the forefront of artificial intelligence technology. They create tools that generate and provide information through sophisticated algorithms....more

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