
Publication
Navigating international trade and tariffs
Impacts of evolving trade regulations and compliance risks
Publication | February 2017
The Federal Rules of Civil Procedure and most state civil procedure rules both expressly and impliedly reinforce the idea that parties in civil litigation must cooperate in civil discovery. This requirement has been lauded in legal commentary and repeatedly cited by courts dealing with difficult discovery battles. To date, however there has not been an in-depth analysis of how courts and litigants are defining the scope of the duty to cooperate. What appears to be reasonable and appropriate behavior to a party responding to a discovery request can appear to be unreasonable stubbornness in the eyes of a requesting party or, more importantly to the below analysis, a court considering a motion for sanctions. As detailed below, failures to cooperate (or be perceived as cooperating) may result in wildly different consequences depending on whether the party is a requestor or a responder.
This article is intended to explore empirically how the principle of cooperation has been applied in discovery disputes in state and federal courts. By comprehensively surveying the recent case law, we attempt to provide metrics that will allow the bench and bar to consider the practical results of the growing importance of cooperation in civil discovery. Some questions that the analysis below is intended to address include:
Download the full article: Quantitative analysis of courts application of cooperation in discovery disputes
Publication
Impacts of evolving trade regulations and compliance risks
Publication
As discussed in our previous look at the 2025 proxy season, the rapid development of artificial intelligence (AI) technologies has elevated AI to a core governance concern for shareholders, and as AI continues to dominate headlines, the urgency of finding a balance between transparency, responsibility, and return on investment for shareholders is likely to spur a growing number of AI-related shareholder proposals in the coming years.
Publication
As Canadian businesses deal with tariff uncertainty and trade protectionism, the federal government has announced its intention to introduce rules promoting domestic goods and services in government contracting by most federal departments and agencies.
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