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MJ Foley

Requests for Production 

Limits on the Attorney-Client Privilege: Crime/Fraud

March 16, 2020February 10, 2020 Michael Lowry Attorney-Client Privilege, MJ Foley

This series has discussed limits in class action and ERISA litigation, this post discusses the crime/fraud exception generally.  May you

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Expert Witnesses 

Failure to Plan Gets Supplemental Report Excluded

April 22, 2019May 27, 2019 Michael Lowry MJ Foley, Supplemental Expert Reports

I once discussed discovery problems that arose in a dog bite case that apparently threatened national security. That same case

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Discovery Motions 

Can Paralegals Handle Meet and Confers?

August 13, 2018May 28, 2019 Michael Lowry MJ Foley

Yes, that would be a lot cheaper and probably quicker than attorneys meeting and conferring, but is it permissible? A

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Depositions Interrogatories 

Is Court Approval Required for Discovery to a Minor?

January 4, 2018June 28, 2019 Michael Lowry MJ Foley

No, but it’s a tricky subject.  There are no specific requirements or prohibitions for minors in either the Nevada or

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Sanctions 

Spoliation for Not Creating Evidence? Part 4

December 7, 2017June 29, 2019 Michael Lowry MJ Foley, USDJ Mahan

There is no duty to create evidence.  There is no spoliation if a party does not create evidence.  Three prior

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