Category Archives: Courts

28 U.S.C. § 1782 discovery

What constitutes a “foreign or international tribunal” and whether that term includes private commercial arbitrations conducted outside the United States? On July 8, 2020, the US Court of Appeals for Second Circuit addressed that very question in a matter captioned In re Application and Petition of Hanwei Guo as reported by Mayer|Brown The Second Circuit’s [...]

Reposting- eDiscovery in India alert

My Asian alerts on e-discovery highlighted that ediscovery in India is a local affair, confined to the Indian jurisdiction. The blog alert is from Techno Legal News. Will the rest of the world also follow the approach taken by the Indian to ‘controlling’ e-discovery in the name of ‘legality and acceptability’? Just a short posting [...]

At what price is ‘Access To Justice’?

At what price is ‘Access To Justice’?  Taming e-disclosure via costs management by the court? When parties are in disputes, do they think about the costs of getting their differences resolve? If they do they will think twice before going to court and/or litigate. Thinking about the costs associated with civil litigation is further aggravated [...]

Viacom v. YouTube – ESI re-definition ?

A mix bag of copyrights, privacy, databases, ediscovery and the judge being accused of “lack of tech cluefulness,” read on…Viacom v youTube

US cases & CREDO

In looking for articles on the Qualcomm v. Broadcom, 2008 WL 66932 (S.D.Cal. Jan. 7, 2008) and the Columbia Pictures v. Bunnell, No. 2:06-cv-01093 (C.D. Cal. Dec. 13, 2007) cases, I came across CREDO – Case Review and Enforcement of Discovery Obligations programme. I do not know what CREDO programme entails and wondered if there [...]

where disclosure of document is not a breach of confidentiality

My lawyer friend, John (thanks!) e-mailed me a piece of news posted at thelawyer.com site Not related to electronic disclosure (from the news report) but still worth noting. Confidentiality in arbitration not to be taken for granted. According to the Court of Appeal, ‘any future disputes on the disclosure of documents should be resolved by [...]

Zubulake v. UBS Warburg (2003)

The landmark case of Zubulake v UBS Warburg. Zubulake which highlights the issues with electronic discovery. Articles and links available on the site krollontrack