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What's New in the Courts

February 21, 2007

U.S. Magistrate Judge Indicates that Production of Accessible E-Data is Not Subject to Cost-Shifting, Despite alleged “Burden”, under New Rules.

Written by Steve Herman
February 7, 2007

Louisiana Appellate Court Upholds Award to Certified Class of Smokers for Establishment of Court-Supervised Cessation Program.

Written by Steve Herman
January 30, 2007

U.S. District Court Judge in New York Orders Adverse Inference and Imposes Monetary Sanctions for Spoliation of E-Mails and Other Data by Successor Entity in Securities Case.

Written by Steve Herman
January 26, 2007

U.S. District Judge Holds that Work Product of Audit Committee is Not Waived by Disclosure to SEC.

Written by Steve Herman
January 18, 2007

U.S. Magistrate Indicates that 2006 Amendments Do Not Alter Basic “Undue Burden” Analysis.

Written by Steve Herman
January 13, 2007

Magistrate in the District of Columbia Discusses “Hybrid” Work Product Resulting from an Attorney’s Selection of Documents for Litigation Purposes.

Written by Steve Herman
January 13, 2007

Magistrate Judge in the District of Maryland Issues Comprehensive Opinion Discussing the Evidentiary Requirements for the Admission of Electronically-Stored Information.

Written by Steve Herman
January 13, 2007

The Sixth Circuit Allows Participant of Now-Defunct Plan to Sue under Section 502(a)(2).

Written by Steve Herman
January 13, 2007

Fifth Circuit Attempts to Square Sereboff with Great-West and Rejects Distinction Between Recovery from Fiduciaries and Non-Fiduciaries in Defining Appropriate Equitable Relief.

Written by Steve Herman
January 13, 2007

U.S. Magistrate Orders Employer to Produce Plan E-Data in Third Party’s Possession.

Written by Steve Herman