More Discovery Articles


Targeted Discovery in Arbitration Disputes Involving Representations and Warranties Insurance

As mergers and acquisitions worldwide exceed $3 trillion annually, the market for representations and warranties insurance has accelerated. The insurance is designed to protect against the breach of a representation or warranty in an M&A transaction, and is seen as a way to facilitate...

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Foreign Regulatory Files and the Scope of Discovery

The collective book of federal case law is full of quotable one-liners about the broad nature of civil discovery. These pithy passages embolden the plaintiffs’ bar to request almost anything and result in a judiciary hesitant to shut down seemingly relevant but broad discovery requests. As a...

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Real Estate

Caveat Emptor – Did You Just Buy Constructive Knowledge of a Defect?

The discovery rule in construction defect cases may sound straightforward, but it can be an amorphous concept.

The issues faced by purchasers of existing properties can be daunting, with concerns about financing, return on investment and building quality coming to the fore. However, purchasers...

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