Complex Discovery

OCTOBER 19, 2024

Editor’s Note: Artificial intelligence (AI) is transforming the pharmaceutical industry, offering unprecedented opportunities to accelerate drug discovery, streamline clinical trials, and fortify intellectual property (IP) strategies. Maintaining a clear chain of custody for AI-involved processes becomes crucial.

Pharmaceuticals 111

Pharmaceuticals Discovery Government and Public Sector Chain Of Custody 111

E-Discovery LLC

SEPTEMBER 4, 2024

29, 2024), rejected “oceanic” discovery requests, while permitting reasonable ones. The court wrote: “Not surprisingly, discovery in this case, like ‘the course of true love, [has been anything but] smooth.’ The court wrote: “Not surprisingly, discovery in this case, like ‘the course of true love, [has been anything but] smooth.’

Discovery 130

Discovery Objections Evidence Litigation 130

E-Discovery LLC

OCTOBER 9, 2024

16, 2024)(citing cases: “Defendants included general and boilerplate objections in their responses to discovery, which are not acceptable in this circuit. Defendants’ responses are a perfect example of how not to answer discovery requests. See General Objections, Dracula, and “Whac a Mole” (Apr. Griffith Lab’ys, Inc.,

Objections 130

Objections Discovery Interrogatories Admissibility 130

Complex Discovery

SEPTEMBER 11, 2024

Understanding how courts may handle AI-generated evidence will be crucial for those responsible for managing digital content, ensuring data integrity, and navigating complex litigation involving digital forensics. John Tunheim, delves into how the judiciary can prepare for the impact of AI-manipulated evidence. Grimm (ret.),

Evidence 111

Evidence Media and Entertainment Jury Deliberation Expert Testimony 111

E-Discovery LLC

NOVEMBER 5, 2024

An issue arises when a privilege log entry states that a document is withheld from discovery as work product. 31, 2014), the court wrote that: LendingTree’s duty to preserve evidence arose no later than its assertion of the attorney work product privilege. Marking documents as “work product” may protect them from discovery.

Admissibility 130

Admissibility Litigation Discovery Evidence 130

E-Discovery LLC

OCTOBER 2, 2024

26(b)(1), “[r]elevant information need not be admissible at trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence.” The December 2015 amendments to Rule 26(b)(1) deleted the phrase “subject matter of the action” from the scope of discovery. 9, 2021). [2]

Admissibility 130

Admissibility Discovery Objections Interrogatories 130

E-Discovery LLC

OCTOBER 15, 2024

Both the husband and wife sought discovery from TST. The Appellate Court agreed: “ Implicitly—as with all discovery—a request that a nonparty produce documents or other tangible things is necessarily confined by the bounds of Rule 2-402(a),” which defines the scope of discovery.

Subpoenas 130

Subpoenas Objections Discovery Admissibility 130

E-Discovery Team

SEPTEMBER 23, 2024

The article - Part Two - discusses proposed modifications to Rule 901(b) concerning the authentication of AI-generated evidence. Judge Grimm and Professor Grossman suggest replacing "accurate" with "valid" and "reliable" to clarify the criteria for admissible evidence, as accuracy alone does not ensure reliability.

Evidence 59

Evidence Admissibility Technology 59

E-Discovery LLC

SEPTEMBER 25, 2024

One of three defendants contended that the discovery propounded on it was not proportional because it was the least culpable of the three. Plaintiffs sought discovery “relat[ing] to other incidents involving Wiegand mountain coasters at Wisp Resort and elsewhere.” 16, 2024)(Bredar, J.), The Bender Court disagreed. Wiegand objected.

Discovery 130

Discovery Objections Admissibility Expert Testimony 130

Next Generation E-Discovery Law & Tech Blog

AUGUST 30, 2023

By John Patzakis The Best Evidence Rule, as codified in Federal Rule of Evidence 1002, provides that an original writing, recording, or photograph is required to prove the contents of the document. The plaintiff had deleted his Facebook account resulting in lost evidence critical to the case.

Evidence 52

Evidence Jury Instructions Discovery Affidavits 52

Destination Articles Blog

NOVEMBER 5, 2024

In family law, how you handle digital evidence can really make or break your client’s case, especially in high-conflict scenarios. Texts, emails, and social media posts can significantly influence custody decisions, highlighting the need for attorneys to manage this evidence with great care. This situation impacts about 21.9

Digital Evidence 52

Digital Evidence Evidence Education Discovery 52

E-Discovery LLC

JUNE 25, 2024

There were several other discovery disputes and the parties submitted emails, exhibits, and a declaration. Defendants added: According to Defendants, while the parties conducted multiple telephone conferences thereafter regarding Plaintiffs’ complaints as to Defendants’ discovery responses, the privilege log issue was never raised….

Discovery 130

Discovery Exhibits Interrogatories Objections 130

E-Discovery LLC

AUGUST 16, 2024

That before-and-after authentication, plus a few other facts, was sufficient circumstantial evidence to authenticate the entire video. First can video evidence be authenticated when the authenticating witness lacked personal knowledge of all of the events portrayed in it? The bar for authentication of evidence is not high.”

Witnesses 130

Witnesses Evidence Objections Admissibility 130

Evidence at Trial

OCTOBER 3, 2022

— Franklin Delano Roosevelt Too often in jury trials, attorneys mistakenly think getting evidence admitted is a dry and mechanical process separate and apart from the task of persuasion. These thousands of pages were relevant and admissible. But would it be admissible? "Be sincere, Be Brief, Be seated.

Admissibility 52

Admissibility Evidence Exhibits Objections 52

Attorney at Work

JANUARY 11, 2022

With billions documenting their life from the banal to the audacious, these services have become a treasure trove for discovery. It’s challenging to obtain a damaging admission during a deposition, but social media feeds and chat threads contain more admissions than a Taylor Swift confessional.

Technology 148

Technology Media and Entertainment Admissibility Legal Research 148

WA Bar News

JULY 10, 2024

Via Orders entered on March 15, the Washington Supreme Court took the following actions pursuant to its inherent power over admission to practice law: Adopted the NextGen Bar Exam, with first administration to be in July 2026. See Sidebar No. SIDEBAR No. Watch for continuing coverage in future issues of Bar News.

Cross-Examination 52

Cross-Examination Admissibility Cross-Complaint Finance and Banking 52

The Cloud Court Blog

SEPTEMBER 28, 2022

In litigation, they often take testimony from witnesses prior to trial as part of the evidentiary discovery process.[ii] They know that if they fail to obtain an admission from a witness, or fail to vigorously defend their own, those failures have consequences measured in dollars. It could be $100,000, or it could be in the millions.

Depositions 52

Depositions Witnesses Admissibility Litigation 52

E-Discovery LLC

JUNE 5, 2024

While there were many issues on appeal, one was whether evidence of her internet searches related to termination of a pregnancy was properly admitted on the facts presented. The decision to admit that evidence was affirmed by the intermediate appellate court. See Case No. The facts were awful. Akers was pregnant. On appeal, Ms.

Admissibility 130

Admissibility Evidence Voir Dire Objections 130

WA Bar News

JULY 10, 2024

Bar Admission and Disciplinary Matters), 8.4(b) The lawyer’s conduct violated the following Rules of Professional Conduct: 1.3 Diligence), 1.4 Communication), 3.2 Expediting Litigation), 3.3 Candor Toward the Tribunal), 8.1 (Bar b) (Criminal Act), 8.4(c) c) (Dishonesty, Fraud, Deceit or Misrepresentation), 8.4(d)

Real Estate 52

Real Estate Depositions Evidence Admissibility 52

Joshua Gilliland

JANUARY 7, 2016

The City further argued that since the Plaintiff’s had overly broad discovery requests, they should not be sanctioned for failing to preserve relevant ESI. Life lesson: Just because the Plaintiff has overly broad scope for discovery requests, does not justify the lack of a litigation hold. The Court applied the elements from Chin v.

Litigation 52

Litigation Evidence Discovery Summons 52

Evidence at Trial

APRIL 7, 2023

To learn Tyler's version of events, it appears that discovery will be necessary. But does Noise provide the plaintiff with actual usable evidence? Tyler's Autobiography: An Evidentiary Analysis When it comes to analyzing the admissibility of evidence, having a methodical approach is imperative. Code § 210.

Admissibility 52

Admissibility Hearsay Rule Pleadings Evidence 52

MyCase

APRIL 30, 2024

Paralegals Paralegals spend the bulk of their time on legal or case-related tasks, such as: Conducting legal research and discovery: Paralegals access databases and books to identify and document regulations and precedents that apply to a specific case. Their work frees up lawyers to focus on case strategy.

Witnesses 52

Witnesses Legal Research Depositions Technology 52

E-Discovery LLC

JUNE 1, 2024

Stuart, “Privacy in Discovery After Dobbs,” 26 Va. As of this writing, undersigned counsel is aware of 45 unreported opinions in the 9 years since unreported decisions of the Appellate Court became available electronically where a criminal defendant challenged admission of video footage on authentication grounds. & Tech.

Precedent 130

Precedent Discovery Admissibility Litigation 130

Jury Analyst

MAY 22, 2024

A juror tasked with objective deliberation and verdict issuance based on evidence presented in court embodies the foundational aspect of a fair trial. Courts expect jurors to adhere to strict guidelines that ensure their decision-making process is impartial and based on the evidence presented in the courtroom.

Evidence 40

Evidence Jury Deliberation Jury Selection Jury Instructions 40

3 Geeks and a Law Blog

JUNE 28, 2023

Marathe believes deep fakes have the potential to severely impact the integrity of evidence and the trial process if the legal system is unprepared. E-discovery professionals are on the front lines of detecting deep fakes used as evidence, according to Marathe. But progress on all fronts is slow while threats escalate quickly.

Litigation 59

Litigation Education Evidence Technology 59