Litigation Materials. All materials related to pending or threatened litigation involving the Property or the Seller on account of its ownership of the Property, including correspondence, complaints, court orders, settlements, and judgments.
Litigation Materials. Absent a court order to the contrary or as required by ethical requirements, malpractice insurance, or other applicable law, within thirty (30) Business Days following the Effective Date, Co-Lead Plaintiffs’ Counsel and Settling Plaintiffs’ Counsel will: (i) destroy or return to counsel for the NHL all materials of any kind whatsoever and in whatever format provided in response to Federal Rules of Civil Procedure (“FRCP”) Rule 34 or Rule 45 document production requests in the Litigation and, except for attorney work product, any compilations or databases, in whatever form, containing the materials or summaries or analyses of the materials, including, but not limited to, any of the foregoing that any Co-Lead Plaintiffs’ Counsel, or any Settling Plaintiffs’ Counsel, has provided to third parties, such as, without limitation, experts, with no copies of said materials being retained by any Settling Plaintiff or Settling Plaintiffs’ Counsel, or such third parties, and (ii) provide to counsel for the NHL a written representation from each of the Settling Plaintiffs’ Counsel confirming that they have complied with the terms of the preceding clause. With respect to any materials provided to experts or other third parties, the Co-Lead Plaintiffs’ Counsel and Settling Plaintiffs’ Counsel shall make best efforts to obtain the return of all materials of any kind whatsoever and in whatever format provided in response to Federal Rules of Civil Procedure Rule 34 or 45 document production requests and, except for attorney work product, any summaries or analyses of such materials created by or at the direction of such experts or other third parties in whatever format they may have been created or maintained. In the event of an expert’s or other third party’s failure despite such best efforts to return such materials, the Co-Lead Plaintiffs’ Counsel and Settling Plaintiffs’ Counsel shall notify the NHL in writing of the identity and address of the expert or other third party, as well as all efforts undertaken to obtain return of the materials, and a complete list of the materials in the possession of the expert. If any Settling Plaintiff, Settling Unfiled Claimant, Settling Additional Plaintiff, Co-Lead Plaintiffs’ Counsel, or Settling Plaintiffs’ Counsel learns of any additional materials subject to this Section after the representation is provided, they shall promptly destroy or return them to counsel for the NHL and shall so advise the NHL in writing. Notwithstanding any...
Litigation Materials. The Parties and their counsel have concluded that it is in each of their individual and mutual best interests in the participation in the PUC proceeding share certain information related to that defense with each other, either in writing and/or orally. These communications may include, but are not limited to: written communications, the disclosure of documents, factual and legal analyses, summaries, and memoranda, opinions, legal strategies, interview reports and reports of experts, consultants or investigators; joint meetings between the Parties, their representatives and employees; and any meetings with prospective witnesses or consulting experts or litigation support service providers in connection with the PUC proceeding in person, by telephone, by electronic mail, or in any other form, and records or reports of such communications, all of which have been made before this Agreement was signed as well as from this point forward, all of which are included within the term "Litigation Materials."
Litigation Materials. “Litigation Materials” means all materials in the files of outside litigation counsel of Seller in the Tandberg and Polycom patent litigations, except for privileged or work product materials, third party materials subject to protective orders, or materials and documents filed under seal. Seller’s ownership interest in the Litigation Materials is hereby assigned to Purchaser, provided that (i) such materials shall remain with outside litigation counsel but shall be available to Purchaser upon Purchaser’s request and (ii) Seller shall provide written notice of such transfer of ownership to its outside counsel within five (5) business days after the Closing.
Litigation Materials. By signing this Agreement, Plaintiffs’ Counsel represent and warrant that, within fifteen (15) days after Defendants make the Program Funding Payment to the Plaintiffs’ Program Account, each such Plaintiffs’ Counsel will return to the attorneys for Defendants or destroy all materials relating to Welding Fume Claims that were obtained from any Defendant or other party in a case involving Welding Fume Claims resolved by this Agreement, including, but not limited to, the materials in the document depository maintained under Section X.D of the MDL Case Management Order and any other materials related to the litigation of Welding Fume Claims. This includes any materials provided by any Plaintiffs’ Counsel to third parties, such as, without limitation, experts, with no copies of said materials being retained by any Plaintiff or Plaintiffs’ Counsel, or such third parties. Such third parties may either return the materials to Plaintiffs’ Counsel or certify in writing that they have destroyed them. With respect to experts, Plaintiffs’ Counsel shall make good faith best efforts to obtain the return or destruction of all materials relating to Welding Fume Claims; provided, however, that in the event of an expert’s refusal to return or destroy such materials, Plaintiffs’ Counsel shall notify Defendants in writing of the identity and address of the expert, as well as all efforts undertaken to obtain return or destruction of the materials, and provide a complete list of the materials in the possession of the expert. If any Plaintiff or Plaintiffs’ Counsel learns of any additional materials subject to this paragraph after the representation is provided, they shall promptly obtain and return them to Defendants or destroy said materials, and shall so advise Defendants in writing. Plaintiffs’ Counsel agrees to refrain from cooperating with any other plaintiffs’ counsel’s efforts to engage any experts to testify or consult in a case involving Welding Fume Claims who have consulted with Plaintiffs’ Counsel or who have testified at any depositions or trials on behalf of plaintiffs in a case involving Welding Fume Claims. The Parties agree that access to the existing online depository maintained by the court reporter of the depositions taken in the cases involving Welding Fume Claims will be limited to Defendants, their counsel and those parties authorized access by Defendants or a court. This Section 8.3 shall not apply to any client trust accounts, fee or retention agreements...
Litigation Materials. The Parties have concluded that it is in each of their individual and mutual best interests in the defense of the Claims to share certain information related to the Claims with some or all of J&D and/or the Parties in writing and/or orally. These communications may include but are not limited to written communications, the disclosure of documents, factual and legal analyses, summaries, and memoranda, opinions, legal strategies, interview reports and reports of experts, consultants, or other investigators, joint meetings between J&D, the Parties, their representatives and employees, discussions between or among J&D and any Party, and any meetings with prospective witnesses or consulting experts or litigation support service providers in connection with the Claims in person, by telephone, or in any other form, and records or reports of such communications, all of which are included within the term “Litigation Materials” used herein. However, nothing in this Agreement shall be construed to affect the separate and independent representation of each client by J&D.
