News & Analysis as of

Summary Judgment Discovery

McDermott Will & Schulte

Striking a chord: Ninth Circuit revives copyright suit over liturgical music

In a copyright case involving liturgical music, the US Court of Appeals for the Ninth Circuit affirmed in part, reversed in part, and remanded a district court summary judgment after finding triable issues of fact regarding...more

Proskauer - California Employment Law

9th Circuit Clarifies DTSA Trade Secret Disclosure Requirements

The Ninth Circuit recently held that the Defend Trade Secrets Act (“DTSA”) does not require plaintiffs to identify their allegedly misappropriate trade secrets with reasonable particularity at the outset of discovery—much...more

Mintz - Intellectual Property Viewpoints

The Trade Secret Test Is Coming: Are You Ready? Recent Decisions Reveal the Cost of Poor Preparation

Too many companies treat trade secret identification as something they can fix later, usually once litigation is underway. But by the time a claim is filed, it is already too late to build the evidentiary foundation you need....more

Proskauer - Trade Secrets

9th Circuit Clarifies Trade Secret Disclosure Requirements Under The DTSA

The Ninth Circuit recently held that the Defend Trade Secrets Act (“DTSA”) does not require plaintiffs to identify their allegedly misappropriate trade secrets with reasonable particularity at the outset of discovery—much...more

Brownstein Hyatt Farber Schreck

Ninth Circuit Clarifies DTSA’s “Sufficient Particularity” for Identifying Trade Secrets

Trade secret litigation under the Defend Trade Secrets Act (DTSA) continues to evolve within the Ninth Circuit....more

Troutman Amin LLP

IN A TRENCH: Default Entered Against Tranche Technologies as Charter Bets Big in Individual TCPA Suit

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Wild one for you in a TCPA suit against Charter. “This case has been litigated to a remarkable degree for a single-plaintiff Telephone Consumer Protection Act (“TCPA”) case.” So stated Plaintiff in her motion for summary...more

Goldberg Segalla

Defendants Win Summary Judgment in Shipyard Case Due to Plaintiffs Failure to Timely Disclose Experts

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On September 12, 2023, plaintiffs Monica Kelly-Lewis, Gia Lewis-Grows, and Levar Lewis, successors to the estate of decedent Brouney Lewis, filed this asbestos action in Louisiana State Trial Court in the Parish of Orleans....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

McDermott Will & Schulte

No specifics, no case? DTSA trade secret disclosure timing differs from CUTSA

The US Court of Appeals for the Ninth Circuit found that a district court abused its discretion by striking several of the plaintiff’s trade secrets, concluding that the court improperly relied on Rule 12(f) and failed to...more

Offit Kurman

Three Key Tips for Drafting Strong Discovery Requests

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The discovery phase of a case is critically important. Navigating a case appropriately through the discovery stage can lead to achieving favorable settlement terms, disposing of the case by summary judgment, or prevailing at...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

Alston & Bird

Government Pivots to False-Certification Theory in Regeneron Case

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Our Health Care Litigation Team discusses a District of Massachusetts case holding that allows the government to switch liability theories in its False Claims Act lawsuit against Regeneron Pharmaceuticals....more

Adler Pollock & Sheehan P.C.

Civil Practitioner’s Guide to D.R.I. Local Practice

This article serves as a guide for Civil Practitioners when litigating in the United States District Court for the District of Rhode Island. In so doing, it outlines the notable Local Rules regarding: 1) Motions; 2)...more

Troutman Amin LLP

NOCK ON WOOD: Rare Order Granting a Plaintiff’s Request to Transfer Case Granted– TCPA Defendant Robbed of Summary Judgment?

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Unusual one for you today. In Nock v. Spring Energy, 2025 WL 2046196 (S.D. N.Y. July 22, 2025) the court entered an order transferring a TCPA case to Maryland. Ok, fairly blasé. What’s the point Czar? Well it was the...more

McGinnis Lochridge

When $180 Million Rides on an Expert's Supplementation Decision

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$180M oil case lost when Apollo refused to fix expert's flawed damages model. Without expert testimony meant no damages recovery in technical fields. In Apollo Exploration, LLC v. Apache Corporation, No. 11-19-00183-CV, 2025...more

Felicello Law PC

Not Every Appeal Goes to the Top: Understanding the Pathways in State and Federal Court

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Sometimes a judge or jury finds against you, and you must decide whether and how to appeal. But not every court ruling can be appealed. And not every appeal can make it all the way to a state’s highest court or to the U.S....more

Esquire Deposition Solutions, LLC

When AI Productivity Collides With Professional Reputation

Are you feeling “left behind” or possibly irrelevant because you’ve yet to integrate artificial intelligence into your law firm’s operations? You could easily feel that way after reading the 2025 Future of Professionals...more

Offit Kurman

Three Things to Know About Notices to Admit in New York

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In New York litigation, a well-timed notice to admit can sharpen the issues, trim trial time, and lock in key facts. But it’s a tool that must be used strategically. When used correctly, it can streamline document...more

Nelson Mullins Riley & Scarborough LLP

How to Navigate an Adversary Proceeding in Bankruptcy

When a bankruptcy case is filed, most disputes are addressed through motions and hearings within the main case. However, certain matters demand more formal litigation—complete with a complaint, discovery, and trial. These...more

Array

This Week in eDiscovery: Privilege Logs are Evidence Too

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of June 22-28. Here’s what’s...more

Marshall Dennehey

Proposed Expert’s Qualification to Proffer Standard of Care Opinions Must Be Evaluated Under the Entirety of Section 512 of the...

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Key Points: Standard of Care: Patient assessment and discussion of procedures to be performed to evaluate the patient prior to surgery fall under the purview of the standard of care, not informed consent....more

EDRM - Electronic Discovery Reference Model

Privilege Log Helps Defeat Summary Judgment on One Count

In Conner v. Stark & Stark, P.C., 2025 WL 1694052 (D.N.J. June 17, 2025), defendant’s privilege log helped partially defeat defendant’s summary judgment motion....more

Clark Hill PLC

10 Compelling Reasons for Employment Arbitration: Tackling Litigation Imbalance

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This third installment of the 10 Compelling Reasons for Employment Arbitration explores the impact of an arbitration agreement on a plaintiff’s litigation strategy. As discussed herein, arbitration programs can tamp down a...more

Jones Day

U.S. Supreme Court Encourages Federal Rule 7(a)(7) Replies—A Potential Boon for Defendants

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The U.S. Supreme Court recently reminded district courts that they may use Federal Rule of Civil Procedure 7(a)(7)—a little-known rule—to screen out meritless complaints before discovery....more

Miles Mediation & Arbitration

The Goldilocks Zone of Mediation

I am often asked, “When is the best time to schedule a mediation?” Some lawyers like to schedule mediation as early as possible in the litigation, as soon as it becomes clear the parties will not be able to settle it...more

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