Tag Archives: Discovery

Judge Hellerstein Authorizes § 1782 Discovery to Law Firm in Aid of Anticipated Dutch Suit Against Firm Client

In an opinion yesterday, Judge Hellerstein authorized discovery from the law firm Cravath under 28 U.S.C. § 1782 relating to a claim that the petitioning party planned to file, but had not yet filed, in the Netherlands against a Cravath client. Judge Hellerstein rejected Cravath’s argument that, since the Netherlands case hadn’t been filed, the … Continue Reading

Judge Crotty: People Magazine Editor Alleging Race Discrimination Cannot Get Discovery About What Stories People Chose to Publish

In a decision yesterday, Judge Crotty denied a motion by a former People magazine editor, who claims that she was fired based on her race and that People magazine was only interested “in printing [articles] concerning . . . ‘White middle-class suburbia,’” to compel discovery concerning what stories People chose to publish.  He found the … Continue Reading

Judge Hellerstein Scolds Patent Plaintiff For Cat-and-Mouse Games Over Patent Infringement Contentions

In an opinion Monday, resolving “the latest in a long, tedious series of discovery disputes,” Judge Hellerstein chided a patent plaintiff, Intellectual Ventures, for having disclosed infringement contentions that were “discursive, disorganized, and, at times, confusing” and for repeatedly shifting positions about what it believed was the infringing conduct of the defendant, JP Morgan: Intellectual … Continue Reading

In Suit Over Record Label Logo, Judge Ellis Spares Jay Z From Deposition But Precludes Him from Trial Testimony

In an Order yesterday, Magistrate Judge Ellis blocked the deposition of music mogul Jay Z (Shawn Carter) in a copyright case relating to the logo for Jay Z’s record label, Roc-A-Fella.  However, the price to be paid for sparing him from the deposition was that Jay Z would not be allowed to testify at trial: … Continue Reading

Judge Gorenstein Rejects Broad Version of Bank Privilege to Withhold Documents Related to “Suspicious Activity Reports”

In an opinion yesterday, Magistrate Judge Gorenstein rejected the Bank of China’s attempt to withhold from discovery documents that the bank claimed were privileged because they relate to “Suspicious Activity Reports” (or SARs) that financial institutions must file with regulators to alert them of suspicious customer behavior. Federal regulations state that “any information that would … Continue Reading

Judge Kaplan Allows Privilege Clawback; Notes Reviewers Can Err From “Too Many Hours in Front of a Computer”

In a discovery order dated yesterday, Judge Kaplan ruled (among other things) that Bank of New York Mellon could claw back a privileged email that it had inadvertently produced.  The order acknowledges the realities of large-scale document productions in which mistakes will be made “more often than desirable”: The fact that the document as originally … Continue Reading

Judge Castel Refuses to Lift PSLRA Discovery Stay in Suit Challenging Bank Merger

In an Order dated Friday, Judge Castel denied the motion of an investor, Cartica, to lift the automatic PSLRA discovery stay in Cartica’s suit challenging the proposed merger between a Chilean bank (Itau) and a Brazlian bank (CorpBanca). Cartica claims that the disclosures to investors were incomplete and misleading, and sought limited discovery in advance … Continue Reading

Judge Ellis Sanctions Party for Failing to Preserve Evidence Held by Nonparty Vendor

In an opinion yesterday, Magistrate Judge Ellis sanctioned The Money Store and other related defendants for failing to preserve evidence held by a third party vendor, Fidelity National Foreclosure Solutions. The underlying class action accuses the defendants of improper debt collection practices relating to mortgage loans, and the plaintiff argued that evidence from a database created … Continue Reading

Judge Scheindlin Rules That Sovereign Immunity Protects Former Israeli Security Official From Deposition

In an opinion today, Judge Scheindlin granted the State of Israel’s motion to quash, on sovereign immunity grounds, a subpoena to a former Israeli national security official, Uzi Shaya.  The underlying case accuses the Bank of China of aiding and abetting a 2006 suicide bombing in Israel, and Mr. Shaya allegedly had knowledge of the Bank … Continue Reading

Judge Scheindlin, Creating Split, Rules That Locally Served 30(b)(6) Subpoena Can Require Information Available Only From Foreign Office

In an opinion today, Judge Scheindlin ruled that Bank Hapoalim, a non-party Israeli bank, was required to produce a Rule 30(b)(6) witness to testify about information originating in Israel: Even if Hapoalim is a non-party witness and all of the documents or knowledgeable persons are in Jerusalem, compliance with the 30(b)(6) subpoena is not an … Continue Reading

Judge Francis: Parties Must Move for a Protective Order, Not Merely Object, to Overly Broad 30(b)(6) Notice

In an opinion yesterday resolving a motion alleging that JP Morgan’s corporate representatives were not sufficiently prepared for depositions, Judge Francis observed that the common practice of objecting to the scope of a Rule 30(b)(6) notice is improper, and that the proper course is to move for a protective order:… Continue Reading

Judge Gorenstein Rules That Nonparty Receiving Rule 30(b)(6) Subpoena Need Not “Educate” Local Witness With Information Outside Jurisdiction

In an opinion today, Magistrate Judge Gorenstein quashed a Rule 30(b)(6) subpoena that Bank of China (“BOC”) served on the New York branch of the Israeli bank Hapoalim concerning events in Israel, because the subpoena would have required a witness within the Rule 45 jurisdictional territory to gather information from witnesses outside the territory:… Continue Reading

Madoff Case Raises Standard of Review When SEC or Other Agencies Balk at Nonparty Subpoenas

In the civil litigation against the Madoff feeder fund Fairfield Greenwich and other related parties, the SEC and the defendants recently exchanged briefs on the standard for determining whether the SEC must comply with a nonparty subpoena.  The defendants want to depose current and former SEC employees to elicit testimony showing that, since Madoff successfully … Continue Reading

Judge Kaplan Denies, Without Prejudice, Patton Boggs’s Motion to Quash Chevron Subpoena and Orders Parties to Confer “In Person”

In the RICO litigation Chevron has brought to challenge an allegedly fraudulent multibillion dollar judgment against it in Ecuador, Judge Kaplan today denied, without prejudice, the motion of Patton Boggs, counsel to certain Ecuadorian citizens trying to enforce the judgment, to quash a subpoena from Chevron. As we blogged before, Patton Boggs’s motion argued that … Continue Reading

Patton Boggs Moves to Quash Chevron Subpoena That It Claims Would Cost $6-8 Million

In the RICO litigation Chevron has brought to challenge an allegedly fraudulent multibillion dollar judgment against it in Ecuador, Chevron has sought documents from Patton Boggs, counsel for Ecuadorian citizens (referred to as “Afectados”) trying to enforce the judgment. On Friday, Patton Boggs moved Judge Kaplan to quash the subpoena because of alleged “gamesmanship” and … Continue Reading

Lawyers Ignore Judge Peck’s Warning Against “Scorched Earth” Tactics and Move to Recuse Him

Magistrate Judge Peck issued a widely-publicized opinion in February endorsing the use of “predictive coding” — using computer algorithms to help identify relevant documents — in a gender discrimination class action. (See coverage, e.g., in Reuters, law.com, ABA Journal.) The plaintiffs sent Judge Peck scathing letter the following month asking that Judge Peck recuse himself … Continue Reading