E-Discovery LLC

OCTOBER 17, 2024

11, 2024), involved a request for discovery from a former Town attorney concerning an offer that he allegedly made to plaintiffs. The court: set out the governing standard for discovery from an attorney and, denied a request to depose the attorney; but, authorized a limited interrogatory to him. Albra , 2024 WL 4471672 (S.D.N.Y.

Discovery 130

Discovery Depositions Interrogatories Settlement Negotiations 130

E-Discovery LLC

AUGUST 31, 2024

This first blog addresses the admissibility of a “composite” video prepared by the prosecution. Second , while the source materials “need not be introduced into evidence,” they must be “otherwise admissible.” That litigation involved a fatal police shooting in which I represented the defendants. Waterman v. Batton, 294 F.

Admissibility 130

Admissibility Exhibits Evidence Cross-Examination 130

E-Discovery LLC

DECEMBER 21, 2024

Discovery Plan The ESI Protocol: Your Word is Your Bond Or, Is It? Is a Composite Video Admissible and Can a Police Officer Narrate It at Trial? Reasonably Calculated to Lead to Discovery of Admissible Evidence Is a Vehicles On Board or Dash Cam Video Protected From Disclosure as Work Product?

Admissibility 130

Admissibility Witnesses Discovery Mediation 130

E-Discovery LLC

OCTOBER 2, 2024

Plaintiff responded that the videos were not created in anticipation of litigation and therefore they are not protected work product. It explained that “there is nothing in the record to suggest that Defendant created the requested videos in anticipation of litigation. Next , the court overruled the improper boilerplate objections.

Admissibility 130

Admissibility Discovery Objections Interrogatories 130

E-Discovery LLC

OCTOBER 15, 2024

In separate litigation, the wife had engaged in improper conduct, including refusal to return and wiping a TST laptop, copying and retaining TST data, and she was held liable for conversion, enjoined, and punitive damages were assessed against her. Both the husband and wife sought discovery from TST.

Subpoenas 130

Subpoenas Objections Discovery Admissibility 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 Admissibility Interrogatories 130

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

E-Discovery LLC

FEBRUARY 22, 2025

the court addressed a number of discovery disputes in this lawsuit by a terminated employee against her former employer. Defendants served discovery requests asking that plaintiff admit that she contemplated and anticipated litigation against her employer on December 12, 2022. 7, 2025)(Hixson, J.), Plaintiff Ms. 381, 388 (2008).

Litigation 130

Litigation Discovery Objections Admissibility 130

E-Discovery LLC

MARCH 6, 2025

Passenger Sexual Assault Litigation , 2025 WL 678543 (Mar. 3, 2025), the court issued another hyperlinked document discovery decision arising out of the parties ESI Protocol. While production issues concerning hyperlinked or modern attachments have been extensively litigated, in this blog I discuss some related evidentiary issues.

Technology 130

Technology Discovery Evidence Depositions 130

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

NOVEMBER 11, 2024

Second : “TEDCO insists that it ‘cannot’ reasonably assert privilege with particularity unless and until Plaintiff provides advance notice and copies of the documents she intends to use in this litigation.” I would add, in my view, that TEDCO’s admission that “some (not all)” documents were privileged was very significant.

Objections 130

Objections Subpoenas Discovery Litigation 130

SW&L Attorneys Blog

MARCH 15, 2025

Discovery is a critical component of the legal process, enabling parties to obtain necessary evidence and documents relevant to a case. Response Obligations And Motions To Compel Upon submitting a formal request for discovery, the opposing party is obliged to respond within 30 days, this timeline may be adjusted upon reasonable notice.

Discovery 52

Discovery Interrogatories Depositions Witnesses 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 146

Technology Media and Entertainment Admissibility Legal Research 146

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. The discovery process must now account for the possibility that documents, videos, or audio evidence may be AI-generated.

Evidence 111

Evidence Media and Entertainment Jury Deliberation Technology 111

E-Discovery LLC

DECEMBER 9, 2024

1, 2024); Is a Composite Video Admissible and Can a Police Officer Narrate It at Trial? A trial court is a gatekeeper, not an armed guard, when it comes to admissibility. Admissibility of Photogrammetric Evidence Trial Court is a Gatekeeper But Not an Armed Guard (Jun. Part 2 of 2 (Sep. Part 2 of 2 (Sep.

Witnesses 130

Witnesses Expert Testimony Chain Of Custody Evidence 130

Joshua Gilliland

JANUARY 7, 2016

The City was found to be grossly negligent in issuing and executing its litigation hold for the preservation of email and text messages. The City did not issue a litigation hold until three years AFTER the complaint had been filed. The Court found that the City’s litigation hold was both late and ineffective. 2, 2016) 2016 U.S.

Litigation 52

Litigation Evidence Discovery Summons 52

SW&L Attorneys Blog

JUNE 18, 2024

From navigating convoluted regulatory frameworks to managing extensive discovery processes, the reality of litigation can overwhelm even the most prepared enterprises. Secured from the supreme court a certificate of admission to the bar of this state; and 2.

Litigation 91

Litigation Admissibility Court Rules Discovery 91

Complex Discovery

OCTOBER 11, 2024

meatpacking industry’s ‘Big Four’—Tyson, JBS, Cargill, and National Beef—marks a significant moment in antitrust litigation, with serious implications for both corporate governance and market competition. Importantly, these settlements did not include admissions of wrongdoing. meatpacking industry. million in 2021.

Government and Public Sector 105

Government and Public Sector Litigation Admissibility Precedent 105

Next Generation E-Discovery Law & Tech Blog

AUGUST 30, 2023

In fact, given the unfortunately extensive but erroneous reliance on screenshots of social media evidence, The Best Evidence Rule could be cited far more frequently by opposing counsel seeking to contest the admission of such evidence. A case out of the federal courts in Texas addressed this issue head on.

Evidence 52

Evidence Jury Instructions Discovery Affidavits 52

The Cloud Court Blog

SEPTEMBER 28, 2022

of federal civil matters are resolved at trial[i] Litigators always depose witnesses before a trial – if there is a trial You will almost never depose a witness more than once – so you get one shot to take or defend that deposition well But why do depositions matter more? The facts support it: Fewer than 0.6% Let’s take a step back.

Depositions 52

Depositions Witnesses Admissibility Litigation 52

MyCase

MAY 2, 2024

It allows you to upload your factual documents via e-discovery and case management systems to generate hyperlinked citations. Clearbrief has received renowned accolades in the legal tech industry, including the 2023 Litigation Product of the Year at Legalweek and the 2022 Legalweek Leaders in Tech Company of the Year. Legalyze.ai

Discovery 52

Discovery Case Management Litigation Interrogatories 52

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

Complex Discovery

DECEMBER 8, 2024

This unique background positions ComplexDiscovery to provide valuable insights for conflict-related investigations and litigation, where understanding the interplay of technology, data, and geopolitical factors is crucial. eDiscovery professionals benefit from geolocation in the collection, processing, and review phases of investigations.

Technology 59

Technology Government and Public Sector Evidence Digital Evidence 59

WA Bar News

JULY 10, 2024

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

Real Estate 52

Real Estate Depositions Evidence Admissibility 52

E-Discovery LLC

FEBRUARY 25, 2025

19, 2025)(Emphasis added), the court wrote: Throughout his responses, Canales objects to OPWs requests on the ground that they are not reasonably calculated to lead to the discovery of admissible evidence. See Reasonably Calculated to Lead to Discovery of Admissible Evidence (Nov. Forrest, 2017 WL 773694, at *1 (S.D.N.Y.

Interrogatories 130

Interrogatories Objections Discovery Admissibility 130

E-Discovery LLC

APRIL 8, 2025

Contextually, the litigation has been described in popular media. She also argued for a broad scope of discovery because the purpose of the Subpoenas is to lead to admissible evidence regarding communications not only among the defendants, but among the larger network of individuals who perpetuated the untraceable campaign against Ms.

Subpoenas 130

Subpoenas Objections Discovery Admissibility 130

E-Discovery LLC

NOVEMBER 29, 2024

Discovery had been conducted for almost a year and the deadlines extended three times. Plaintiff seeks limited discovery regarding the missing documents and a negative inference jury instruction regarding the contents of Vanderpool’s and Dupree’s personnel files and the missing emails. 25, 2024)(Sullivan, J.),

Burden Of Proof 130

Burden Of Proof Evidence Discovery Litigation 130

Evidence at Trial

APRIL 7, 2023

To learn Tyler's version of events, it appears that discovery will be necessary. Tyler's Autobiography: An Evidentiary Analysis When it comes to analyzing the admissibility of evidence, having a methodical approach is imperative. Party Admissions v. This is standard practice for state court defendants in civil cases.

Admissibility 52

Admissibility Hearsay Rule Pleadings Evidence 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

Litigants expect a fair trial, and introducing external evidence violates this expectation. Ignoring Admissibility of Evidence Sometimes jurors consider evidence the court has ruled inadmissible, casting doubt on their verdicts. Pronounced jury misconduct can lead to civil litigation.

Evidence 40

Evidence Jury Deliberation Jury Selection Jury Instructions 40

Jury Analyst

MAY 22, 2024

Litigants expect a fair trial, and introducing external evidence violates this expectation. Ignoring Admissibility of Evidence Sometimes jurors consider evidence the court has ruled inadmissible, casting doubt on their verdicts. Pronounced jury misconduct can lead to civil litigation.

Evidence 40

Evidence Jury Deliberation Jury Selection Jury Instructions 40

3 Geeks and a Law Blog

JUNE 28, 2023

Isha Marathe , a tech reporter for American Lawyer Media, joined the podcast to discuss her recent article on how deep fake technology is coming to litigation and whether the legal system is prepared. E-discovery professionals are on the front lines of detecting deep fakes used as evidence, according to Marathe. free registration req.)

Litigation 59

Litigation Education Evidence Technology 59