Publication
Horizon Scanning: Investigations and Enforcement
In this horizon scan, we focus on key developments affecting companies operating in the UK, including in light of the recent change in UK government.
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
In this horizon scan, we focus on key developments affecting companies operating in the UK, including in light of the recent change in UK government.
Publication
On 3 September 2024, the ECJ delivered its judgment in Illumina’s appeal against the General Court’s (GC) judgment confirming the European Commission’s (EC) powers to review concentrations under the EU Merger Regulation (EUMR) in circumstances where no Member State has jurisdiction under national law.
Subscribe and stay up to date with the latest legal news, information and events . . .
© Norton Rose Fulbright LLP 2023