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Discovery

112 ABA Journal Discovery articles.

4th Circuit upholds $1M sanction for law firm that tried to ‘sabotage’ federal court’s authority

Updated: A federal judge had inherent power to impose a $1.05 million sanction against a national law firm for asking state courts to order an end to U.S. district court litigation, a federal appeals court ruled last week.

Oct 29, 2024 3:50 PM CDT

District attorney ‘paid little attention to the five-alarm fire’ in high-profile case and should be disbarred, panel says

A Colorado district attorney should be disbarred mostly for her "absence at the helm" in a high-profile murder case in which prosecutors failed to turn over sufficient expert witness information to the defense, leading to the exclusion of experts, according to a Colorado disciplinary hearing board.

Sep 16, 2024 11:07 AM CDT

After lawyers exceed status-letter limit by ‘whopping’ 70 pages, judge sees echoes of fictional Jarndyce case

The handiwork of lawyers who crafted a joint 73-page monthly status letter won’t appear on the federal docket after a magistrate judge noted last week that it was a “whopping” 70 pages over the limit.

Jul 11, 2024 10:36 AM CDT

The Prelitigation Advantage: Leveraging AI for discovery and pleadings

Pretrial litigation is an area ripe for disruption, and artificial intelligence is coming for it. It makes sense. The discovery phase involves monotonous workflows and routine processes, making it an ideal target for tools that aim to streamline repetitive tasks and increase efficiency.

Jun 25, 2024 9:10 AM CDT

BigLaw firm and client sanctioned nearly $275K after judge sees ‘nasty litigation tactics’

A federal judge in Colorado has ordered Seyfarth Shaw and its client, a subsidiary of the Stryker Corp., to pay nearly $275,000 as an additional sanction for improper discovery tactics.

May 29, 2024 10:16 AM CDT

Lawyer disbarred for destroying his computer, altering metadata before ethics hearing

A New Hampshire lawyer has been disbarred based on allegations that he destroyed his computer before an ethics hearing and altered metadata to make it appear that he had provided conflict letters to a client when borrowing $275,000 from her.

Apr 25, 2024 10:01 AM CDT

Lawyer defending ex-CEO of Overstock arrested after she is no-show on voting-machine-possession charge

A Michigan lawyer was arrested in Washington, D.C., on Monday for failing to appear for a March 7 hearing on charges that she possessed and damaged a voting machine.

Mar 20, 2024 9:44 AM CDT

Longtime prosecutor resigns after judge tosses him from case, citing Perry Mason-type revelations

A longtime Miami-Dade County, Florida, prosecutor has resigned after a judge disqualified him and a colleague from the resentencing of an alleged gang leader convicted of four murders.

Mar 14, 2024 10:09 AM CDT

Can generative AI prompts be used for evidence?

As Open AI’s ChatGPT ushers in an explosion of interest in generative AI, e-discovery experts are considering how user-entered prompts like the ones above can be obtained and if they would hold up in court.

Feb 1, 2024 2:30 AM CST

Age of e-Discovery: Generative AI could revolutionize e-discovery—but buyer beware

Typically cautious with new technology, attorneys are dipping their toes into “a sea change” of new generative artificial intelligence tools for e-discovery.

Feb 1, 2024 12:07 AM CST

How will generative AI affect digital investigations and e-discovery?

Ari Kaplan recently spoke with Chantelle Jalland, a London-based managing director for digital investigations and discovery with J.S. Held, a global consulting company.

Jan 26, 2024 8:52 AM CST

What are Giuliani’s next steps after $148M defamation verdict? Can he afford appeal bond?

Updated: Rudy Giuliani, once a lawyer for former President Donald Trump, can’t immediately appeal a recent $148 million verdict against him for defaming two Georgia election workers.

Dec 18, 2023 10:00 AM CST

Saying he wants to ‘go to sleep well tonight,’ lawyer for Trump co-defendant admits leaking proffer videos

Updated: A lawyer representing a county elections supervisor charged in Georgia’s election-interference racketeering case admitted in court Wednesday that he leaked proffer videos of co-defendants to one media outlet.

Nov 16, 2023 10:02 AM CST

Unauthorized ‘rummaging’ through opponent’s Dropbox leads to sanction against this law firm

A trial-level judge in New York has sanctioned Robins Kaplan for “rummaging” through the Dropbox of its litigation opponent after a third-party vendor accidentally revealed the link in discovery.

Oct 9, 2023 3:55 PM CDT

Proskauer settles suit claiming 1 contract clause caused client’s $636M loss

Proskauer Rose has settled a lawsuit claiming that a clause that the law firm added to a contract in a “botched cut-and-paste” caused a client’s losses of around $636 million.

Sep 27, 2023 11:21 AM CDT

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