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Golden Oldie #2 – 40 Hours of Searching is Enough

E-Discovery LLC

The Court addressed a number of issues, including the need for particularized objections and a sufficient privilege log. Second , the Court noted that defendants objection was conclusory: Although the information sought, arguably, is relevant to plaintiff’s claims, the scope of information sought is far too great. Grimm (ret.),

Discovery 130
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No Privilege Log is Necessary in Limited Circumstances When Discovery Requests Are Overbroad

E-Discovery LLC

12, 2024); No Privilege Log Is Needed While Scope of Discovery Objections Are Pending (Aug. Both Mr. Hall and MAIP objected to the subpoena on a number of bases. The Hall Court added that Plaintiff and MAIP timely asserted privilege in their objections to the subpoena. at *11 (Emphasis added). See generally Fed.

Discovery 130
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Two Recent Decisions Imposing Sanctions for Discovery Failures

E-Discovery LLC

The circuit court ordered Mr. Etame to submit any objections, which he did, with some discovery responses. Bentons and (according to an affidavit) Ms. The Court held a status conference and deferred ruling for 60 days, presumably to allow Benton to provide full interrogatory answers and documents, or object to the same.

Discovery 130
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Requesting Parties Are Denied “Input” Into Producing Party’s Search Terms

E-Discovery LLC

In Tremblay, after the second denial, the court continued: It appears that Plaintiffs now seek to litigate that issue for a third time, and by doing so, it appears that the objective of the courts initial ruling (i.e., Sedona emphasizes the goal and value of cooperation. at 77, passim.

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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Judicial Notice: Four Must-Know Rules

Evidence at Trial

Most litigators are generally familiar with the concept of judicial notice. In pretrial litigation , judicial notice requests are used in pleadings to establish some needed fact without an attesting witness. Judicial notice? Of an expert witness' testimony from a prior case? See e.g. , United States v. 3d 576, 580 (1970).

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Protecting the Judiciary and the Rule of Law – Frivolous Articles to Impeach Federal Judge Filed

E-Discovery LLC

They did not reach agreement on another issue and litigated it. Judge Vargas modified Judge Engelmayers order to the extent it could be read in the way defendants objected to it. 1] After briefing and review of defense affidavits, none of which were available to Judge Engelmayer, the States narrowed their requested injunction.