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Advisory Committee Discusses Major Changes to Federal Discovery Rules
By: Bob NumbersThe Advisory Committee on Civil Rules for the Judicial Conference of the United States is considering major changes to the discovery process in federal civil cases. The changes to the...
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Attorney-Client Privilege: All Communications to Clients Are Not Equal
By: Amanda RayMany of us have been there: In deposition, a question is asked that does not directly seek information related to an attorney-client communication, but opposing counsel nonetheless...
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Tick Tock: the Pendulum Swings Back to a World of Proportional Discovery
By: Jesse SchaeferThe Colorado Supreme Court’s recent holding in DCP Midstream, LLP v. Anadarko Petroleum Corp. – that trial courts must actively manage discovery in their cases — may be a harbinger of...
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Brad Cooper: The Latest Reminder That Howerton – Not Daubert – Controls...
By: Amanda RayIt is not often that a homicide case yields important lessons for civil litigators, but the Brad Cooper case does just that. The Cary, North Carolina resident’s trial and first degree...
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Ten Years Later: NC Catches Up With Rule 702, Adopts Daubert and Bids Adieu...
By: Amanda RayIn January, the North Carolina Court of Appeals decided State v. McGrady, in which it finally addressed the impact of the 2011 amendments to Rule 702. McGrady confirmed what many...
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The New Rule 37(e) Pushes Forward
By: Amanda RayThe proposed revision of Rule 37(e), which recently cleared another hurdle in the rulemaking process, could dramatically limit the exposure companies face from spoliation claims. It may...
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Careful Measures May Be Needed to Protect Privileged Internal Investigative...
By: Amanda RayIn March, the U.S. District Court of the District of Columbia ordered defense contractors Kellogg Brown and Root Inc. and Halliburton’s (“KBR”) legal department to produce internal...
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