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20 Pretrial Prac. & Discovery 1 (2011-2012)

handle is hein.aba/pretpd0020 and id is 1 raw text is: Pretrial Practice & Discovery F 2011 Vo 20,No 1 TABLE OF CONTENTS Articles * Protecting Work Product in Rule 30(b)(6) Depositions There is a particular attorney work-product objection to keep in mind if you have received, or are working to prepare, a 30(b)(6) deposition notice. Litigation Holds, Social Media, and Employees' Online Data Lawyers and courts will be increasingly faced with the challenge of addressing whether, and to what extent, social media documents must be incorporated into the discovery process in individual cases. Twombl-Idbal and Affirmative Defenses in the Third Circuit In two recent decisions, district courts in New Jersey and Pennsylvania have declined to extend the reach of Twombly and /qbalto affirmative defenses pled pursuant to FRCP 8(c). Avoiding Minefields Associated with Discoverability of Social Media According to conventional wisdom, the law typically lags about five years behind new technology. In today's rapidly changing world, that rule of thumb might be too generous. Different Perspectives on Oral Advocacy Lawyers use persuasion every day in almost everything. How do persuasive skills used in day-to-day life differ from those used in the law, or do they differ at all? Avoiding an Electronic Discovery Disaster with Litigation Holds We must advise clients of the triggers for the common-law duty to preserve evidence and assist them in developing practices to ensure that the duty is met when it arises. News & Developments * Federal Circuit Releases Model E-Discovery Order for Patent Cases The U.S. Court of Appeals for the Federal Circuit has recently unveiled a model e-discovery order intended to limit e-discovery in patent cases. Courts Are Expanding Recovery of E-Discovery Costs Two recent decisions are being hailed for their recognition of the complexity, and necessity, of sophisticated e-discovery in modern litigation. © 2011 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. Page 1 of 36

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