Drag queen Vicky Vox failed to revive her lawsuit accusing Netflix and several creators of an animated series of using her likeness without permission....more
Professional swimmers have reached a settlement ending their claims accusing the sport’s international governing body of organizing a group boycott against an upstart league, while the league’s antitrust claims against the...more
This program will discuss the evolving role of special masters in discovery and what legal teams need to know before engaging with them. The panelists will offer best practices for developing a productive relationship with...more
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
The Hon. James “Jay” Francis IV appointed Special Master in UMG Recordings, Inc. v. Uncharted Labs, Inc. - In UMG Recordings, Inc. v. Uncharted Labs, Inc., 2024 WL 4986962 (S.D.N.Y. Dec. 5, 2024), the parties could not agree...more
A land partition action in Pennsylvania is unlike any other type of civil litigation. Of course, there are plaintiffs and defendants, pleadings, and discovery just like any other lawsuit, but the course of the litigation is...more
The Eleventh Circuit on Monday refused to reopen a former football coach’s lawsuit accusing a Georgia school district of unlawfully refusing to renew his contract because he’s white, backing a lower court’s determination that...more
Over a beautiful, sunny weekend earlier this month (May 17-19), commercial litigators and judges from all over the State converged on Saratoga Springs and the beautiful Gideon Putnam Hotel, for the Commercial and Federal...more
Long ago, when my wife, Patricia, and I were looking for a house, we abandoned the term “master bedroom” in favor of “main bedroom.” Bloomberg Law reports that: The American Bar Association is asking the federal judiciary...more
Since the first Johnson & Johnson talc bankruptcy was filed in 2021, Judge Michael Kaplan has faced countless disagreements in the US Bankruptcy Court. These range from discovery fights, disputes over administration of tens...more
On November 15, 2023, the New Jersey Supreme Court released its decision on the much anticipated issue of whether Drug Recognition Expert (DRE) testimony is admissible under New Jersey Rule of Evidence 702. The Court...more
Land partition actions in Pennsylvania can seem scary to the uninitiated. The procedures appear arcane at first glance — a seeming relic from earlier times in the Commonwealth. Crazy words such as “purpart” and “owelty” are...more
Dive into the cutting-edge world of eDiscovery with EDRM's dynamic webinar on August 16th! This informative and interactive event will provide you with a front-row seat to the conversations shaping the future of eDiscovery...more
Federal and state rules of civil procedure are intended to secure the just, speedy and inexpensive determination of every action. However, one activity that can thwart that goal is discovery, because the discovery process is...more
The Electronic Discovery Reference Model (EDRM), “a community of e-discovery and legal professionals who create practical resources to improve e-discovery and information governance,” has published a bench book for judges and...more
EDRM has just introduced a brand new “Special Masters and Discovery Mediators Bench Book” with participation from many judges and special masters. We will provide a link to download the Bench book for attendees....more
The Supreme Court term has started, and the Court once again seems to be dipping its toes in the water with more CVSGs in 101 cases. Maybe this time the Court will take the plunge. For our case of the week—our highly...more
Surf’s Up Legacy Partners, LLC v. Virgin Fest, LLC, C.A. No. 19C-11-92 (Del. Super. June 6, 2022) - Delaware courts generally do not permit the redaction of non-responsive material that is otherwise not privileged....more
Former President Trump’s lawyers filed a motion in federal Court seeking the appointment of a “special master” to inspect the records seized from Mar-a-Lago by the FBI on August 8, 2022. This blog will address what a special...more
Former President Donald J. Trump filed a motion to appoint a Special Master to review the material seized by the FBI from Mar-A-Lago. The stated purpose of the review by the Special Master is to remove nonrelevant and...more
I was recently appointed Special Master (also known as a Special Referee) to supervise all pre-trial discovery in a matter pending in the New York State Supreme Court in the First Department pursuant to Civil Practice Law and...more
Recently, a federal Special Master in the District of New Jersey addressed whether a requesting party waives its right to relevant and discoverable documents when it fails to timely follow up on the responding party’s...more
Mississippi v. Tennessee, No. 143, Orig.: Mississippi brought an original action against Tennessee, seeking $615 million in damages for Tennessee’s pumping from the Middle Claiborne Aquifer, which lies beneath both States....more
The June 4, 2020 Trending Law Blog post discussed the New Jersey Supreme Court’s Disciplinary Review Board (“DRB”) recommendation to the Supreme Court that a New Jersey attorney receive an admonition for instructing a...more
Imagine you’re working on a relatively straightforward litigation matter involving a contract. You’ve agreed that “delivery” is a key search term for discovery. But as you’re reviewing your opponent’s production, you come...more