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Golden Oldie #2 – 40 Hours of Searching is Enough

E-Discovery LLC

Finally , having limited the request, the Court ordered: In this regard, defendant will be required to expend up to 40 hours of time to search for these documents. Grimm (ret.), Are We Insane? The Quest for Proportionality in the Discovery Rules of the Federal Rules of Civil Procedure, 36 Rev. 117, 17172 (2017).

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“Self Help” Discovery Results in Striking of Wrongfully Obtained Evidence

E-Discovery LLC

At its most general level, the holding was that a litigant may not invoke the courts to assert their legal rights, then engage in extralegal conduct. In the Courts words, the sanction alleviated prejudice to the employer and signals to Campbell and other litigants that one must deal honestly before the courts. 25, 2025)(Bredar, J.),

Evidence 130
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Golden Oldie #6 – Four Historical Search Decisions

E-Discovery LLC

Liability Antitrust Litigation , 244 F.R.D. In that case, one litigant designed its search in secret. Gross court also made the important point that a well-designed, pre-litigation information governance program could have avoided what became a costly and contested litigation issue. Equity Analytics, LLC v. 331 (D.D.C.

Discovery 130
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Request to Appoint Neutral Forensic Expert Denied as Speculative and Unsupported

E-Discovery LLC

24, 2025), the court imposed sanctions on a pro se litigant who, in the courts words, has engaged in unseemly behavior towards counsel as well as improper discovery litigation. In Rivera v. Costco Wholesale Corporation , 2025 WL 295667 (D. UPS Ground Freight, Inc., 17-cv-30162-MGM, 2019 WL 3290346, 2019 U.S. LEXIS 121277, at *11 (D.

Discovery 130
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How Not to Conduct a Meet and Confer or Comply With an ESI Protocol

E-Discovery LLC

More motions were filed and the court wrote: While this was all being briefed, the parties filed numerous responses, replies, affidavits, declarations, documents, and Court-ordered joint notices in which they continued to bicker about every possible aspect of discovery in this case. Emphasis in original].

Discovery 130
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Employer Erred by Downloading Former Employee’s Personal Email; But, Failure to Preserve it Was Not Spoliation; and, There Was a Gap in Employee Handbook Clause Permitting Employer Access Post-Termination

E-Discovery LLC

The decision reinforces the need for carefully-designed, proactive, and comprehensive information governance and litigation hold procedures. Mr. Hughey said in an affidavit (offered into evidence by both HHI and Mr. Shapiro) that he mapped Mr. Shapiro’s email account onto two HHI computers. 19, 2021). [1]

Evidence 130
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Two Recent Decisions Imposing Sanctions for Discovery Failures

E-Discovery LLC

Bentons and (according to an affidavit) Ms. In an affidavit, Doroshenko testified that he heard nothing from West in response to the deficiency letter and emailed West asking for an explanation on July 14, 2023. There are cases where litigants are being directed to support their discovery positions under oath. 10, 2024).

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