Discovery; evidence destruction

Article Abstract:

The key element in evidence spoliation is to remedy or compensate for the adverse impact of the loss of evidence, and the questions to be answered are the degree of prejudice caused by the loss and the remedies available to ameliorate the harm. An adverse inference instruction and the exclusion of testimony relating to the destroyed evidence are the two most common remedies for spoliation. Most spoliation motions arise in situations in which the evidence destruction was negligent or in complete innocence.

Evidence (Law)

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Rule for streamlining discovery is no panacea; companies find Rule 30(b)(6) depositions don't always speed things better than other means

Article Abstract:

Issues regarding the discovery changes made by Rule 30(b)(6) are discussed. The streamlining effects touted by advocates of this rule are questionable, and theree is no guarantee that the testimony obtained is binding on the organization. Thus, nothing prevents an organization from presenting another witness with contradictory testimony to the prior one.

Depositions

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Discovery off limits to some counsel; courts may limit access of patent-prosecution attorneys to some data

Article Abstract:

Grounds for patent-prosecution attorneys to make a protective order. Confidential information and trade secrets are generally discoverable in patent cases, but litigants are protected from improper use or disclosure by a protective order.

Cases, Patents

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