Consultation on proposed amendments to US federal rules on discovery

The US Federal Judicial Conference’s Advisory Committee on Civil Rules (the “Advisory Committee”) has proposed a series of amendments to the US Federal Rules of Civil Procedure—the rules that govern the conduct of civil proceedings in the US federal district courts.  Among other issues, the amendments are intended to address and provide for proportionality in … Read more

Second edition of our international guide to document retention and upcoming webinar

The first edition of our popular guide “Document Retention: An International Review” was published in January 2011,  providing guidance on key document retention obligations and data management issues in 22 jurisdictions worldwide. We have now published the second edition, expanded to include 28 jurisdictions. On Tuesday 5 November 2013 (12.30 – 1.30 GMT) James Farrell, Joseph G Falcone … Read more

High Court refuses specific disclosure of documents held by party’s solicitors on terms of protective order issued by US court

The High Court has held that a third party’s documents were not within the defendant’s “control” for the purposes of disclosure where they were not in the defendant’s physical possession but were held by the defendant’s solicitors under the terms of a protective order issued by a US court: HTC Corporation v Nokia Corporation [2013] … Read more

Recent decisions on when third parties can be required to disclose information under Norwich Pharmacal jurisdiction

On two occasions in recent months the courts have considered the extent to which a third party must have been (innocently) involved in wrongdoing before it can be required to provide information under the court’s Norwich Pharmacal jurisdiction. The first decision restricts the scope for Norwich Pharmacal relief post-judgment in aid of execution: NML Capital Limited v … Read more