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Let's talk antitrust: Discussing recent cases and emerging competition issues
Recent cases and judgments have shone a light on some emerging themes and trends that companies will want to consider as part of their risk management framework.
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
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Recent cases and judgments have shone a light on some emerging themes and trends that companies will want to consider as part of their risk management framework.
Publication
After a lacklustre finish to 2022 when compared to the vintage year for M&A that was 2021, dealmakers expected 2023 to see the market continue to cool in most sectors, in response to the economic headwinds of rising inflation (with its corresponding impact on financing costs), declining market valuations, tightening regulatory scrutiny and increasing geopolitical tensions.
Publication
On 18 September 2023, the CMA published its Initial Report (Initial Report) on AI Foundation Models (FM), supplemented in April 2024 with the publication of its “Update Paper” focused on potential antitrust risks associated with FMs and a “Technical Update Report” providing more detail on the development on FMs (collectively the “Reports”). Below, we consider these CMA publications.
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