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Case Blurb: Collins & Aikman Corp.; Attorney Work Product Protection Applied...
The Second Circuit has recognized that the selection and compilation of documents may fall within the protection accorded to attorney work product, despite the general availability of documents from...
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Case Blurb: Collins & Aikman Corp.; Form of Document Production for Gov’t...
Under Rule 34 of the Federal Rules of Civil Procedure, a party has two options for the production of documents in response to a discovery request. The litigant may either produce documents “as they are...
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Case Blurb: Collins & Aikman Corp.; Deliberative Process Privilege discussed
The deliberative process privilege protects from disclosure “‘documents reflecting advisory opinions, recommendations and deliberations comprising part of a process by which governmental decisions and...
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Case Blurb: William A. Gross. Constr. Assocs., Inc; Need for cooperation and...
Electronic discovery requires cooperation between opposing counsel and transparency in all aspects of preservation and production of ESI. Moreover, where counsel are using keyword searches for...
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Case Blurb: William A. Gross. Constr. Assocs., Inc; Court helps to craft...
This case involves a multi-million dollar dispute over alleged defects and delay in the construction ofthe Bronx County Hall of Justice, also known as the Bronx Criminal Court Complex. The Dormitory...
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Case Summary: William A. Gross Constr. Assocs.; Court Issues ‘wake up’ call...
William A. Gross Constr. Assocs. v. Am. Mfrs. Mut. Ins. Co., 2009 U.S. Dist. LEXIS 22903 (S.D.N.Y. Mar. 19, 2009) The opinion addressed the creation of a search protocol in this case over “alleged...
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Case Summary: Pension Comm. of the Univ. of Montreal; Importance of...
Pension Comm. of the Univ. of Montreal Pension Plan v. Banc of Am. Secs, LLC, 2010 U.S. Dist. LEXIS 4546 (S.D.N.Y. Jan. 15, 2010) Background: Action brought by investors to recover funds lost upon the...
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Case Blurb: Pension Comm. of the Univ. of Montreal Pension Plan; Negligence...
It is useful to begin with standard definitions of each term and then to explore the conduct, in the discovery context, that causes certain conduct to fall in one category or another. [Negligence] is...
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Case Summary; Nat’l Day Laborer Org; 2nd Cir.; Adequacy of Searches under FOIA
Context: Three entities, the National Day Laborer Organizing Network; the Center for Constitutional Rights; and the Immigration Justice Clinic for the Benjamin N. Cardozo School of Law filed a lawsuit...
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Case Summary: Publicis Groupe; Recusal Motion Found Meritless
Plaintiff moved for the recusal of a magistrate judge under 28 U.S.C. § 455 in a dispute involving the propriety of using predictive coding. Prior to the case being referred to U.S. Magistrate Judge...
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