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An ‘unzip’ drive: Defense bar pushing new rules for broader access to...

Weary of case-by-case skirmishing over discovery, the criminal defense bar has seized the initiative to push for broad change to the rules governing access to prosecutors’ files. Defense lawyers are...

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Computer-assisted review becomes more popular 

The pace for adoption of predictive coding in discovery is accelerating, say lawyers familiar with using computers for mass document review. One Virginia court was an early adopter. In April 2012,...

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Loudoun judge approves predictive coding results 

In the first case to approve the use of predictive coding over a party’s objection, a Loudoun Circuit Court judge has signed off on the defense’s computer-assisted review results in a document-heavy...

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Supreme Court to weigh criminal discovery reform 

After nine years of study and open conflict alternating with utter disregard, a proposal to liberalize criminal discovery in Virginia is now before the Virginia Supreme Court. With only three negative...

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4th Circuit limits winner’s e-discovery cost recovery 

Tech wizards may tell lawyers that e-discovery advances will cut litigation costs, but lawyers know that the more data is out there, the more their opponents want. There may have been some hope for...

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Rule changes would deal with discovery 

Lawyers are concerned that discovery is getting out of hand. The masses of data that are part of everyday operations in modern organizations are generating ever-more complicated discovery demands, even...

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Debate of criminal discovery now shifts to Supreme Court 

The debate over proposed rule changes to open up criminal discovery has officially moved to the Supreme Court of Virginia. The court has asked for comments on suggested amendments offered by a Virginia...

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Prosecutors: Start over on criminal discovery 

Virginia prosecutors are urging the Supreme Court to launch a new study of proposed reforms to court rules governing what information prosecutors are required to share with defense lawyers. The request...

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Company’s late disclosure prompted judge’s ire 

Imagine that after five years of litigating a complicated patent case, you’re headed into a jury trial in federal court. Now imagine you represent the plaintiff and you call your first witness. The...

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Dismissal for discovery ‘defalcations’ is upheld 

A new decision by the 4th U.S. Circuit Court of Appeals is a case study in how to get your lawsuit dismissed for discovery abuse. Here’s what a litigant should not do: Wait until the discovery deadline...

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