Archives: Discovery

Caution: Sealed Package – There Is More At Risk Than Unsealing

By Carey Busen on June 21, 2016 Posted in Class Action Litigation, Discovery

Parties litigating in courts across the country routinely file some documents under seal as a matter of course. Sealing filed documents often is a practical necessity – parties need not disclose certain confidential information in the public domain, and parsing through filings and conferring with opposing counsel and third parties to determine what is truly … Continue Reading

Are You Facing the Prospect of a Merger Investigation?

By Jonathan Lewis, Gilbert S. Keteltas, Karin Scholz Jenson and James A. Sherer on May 8, 2014 Posted in Discovery, Government Investigations, Merger Review

If your organization is facing the prospect of a merger investigation and your lawyers haven’t raised the prospect of technology-assisted document review (“TAR”), then maybe you should be talking with someone else. What is TAR? TAR, a relatively new entrant into the world of litigation and investigations, is an iterative process in which human subject … Continue Reading

Recent Decisions Provide Guidance for Litigating Capper-Volstead Cases

By Danyll Foix on April 11, 2013 Posted in Antitrust Exemptions & Immunities, Antitrust Litigation, BakerHostetler, Class Action Litigation, Discovery, Sherman Act 1

BakerHostetler’s Danyll W. Foix examines recent litigation decisions regarding Capper-Volstead Act in ABA publication. Capper-Volstead has been squarely raised in recent litigation involving mushrooms, milk, eggs, potatoes, cattle, and other agricultural products. In addition to addressing the substance of Capper-Volstead, decisions in these cases have considered a number of procedural and practical issues that arise in … Continue Reading

Burn Before Reading: Hot Documents and Antitrust Claims

By Lee Simowitz on January 23, 2013 Posted in Discovery, Government Investigations, Merger, Sherman Act 1, Sherman Act 2

Antitrust law and economics seem like dark arts to outsiders, an impression that antitrust lawyers are none too eager to dispel. But everyone can appreciate a smoking gun document that seems to brand its author as a hardened violator of the antitrust laws. Consider the memorandum written by a large waste-disposal company about a small … Continue Reading