The Compass

The Compass

Charting Business and Technology Litigation in North Carolina and the Fourth Circuit

Category Archives: NC Rules of Practice and Procedure

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Brad Cooper: The Latest Reminder That Howerton – Not Daubert – Controls Expert Testimony In North Carolina

Posted in Data Security, Discovery, NC Rules of Practice and Procedure
It is not often that a homicide case yields important lessons for civil litigators, but the Brad Cooper case does just that.  The Cary, North Carolina resident’s trial and first degree murder conviction for killing his wife and dumping her body at a nearby construction site resulted in national attention, discussion, and debate.  In its… Continue Reading

Tick Tock: the Pendulum Swings Back to a World of Proportional Discovery

Posted in Discovery, Federal Rules of Civil Procedure, NC Rules of Practice and Procedure
The Colorado Supreme Court’s recent holding in DCP Midstream, LLP v. Anadarko Petroleum Corp. — that trial courts must actively manage discovery in their cases — may be a harbinger of the new normal in discovery practice.  The opinion is the latest example of the inexorable shift away from the liberal, all-you-can-eat discovery mindset back to… Continue Reading

Attorney-Client Privilege: All Communications to Clients Are Not Equal

Posted in Discovery, NC Rules of Practice and Procedure
Many of us have been there:  In deposition, a question is asked that does not directly seek information related to an attorney-client communication, but opposing counsel nonetheless objects and instructs the deponent not to answer. In Meir v. Meir et al., the issue was whether questions in deposition seeking facts can be protected by the attorney-client privilege.  The North Carolina Business… Continue Reading