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The Federal “Official Information” Privilege

E-Discovery LLC

Defendants objected asserting (in part) that the request sought “information protected from disclosure by official information privilege ….” Therefore, it overruled the objection. Plaintiffs’ Request for Production No. 63 asked for production of three defendants’ “entire” personnel file. at *2, 5 (emphasis added). citation omitted). [2]

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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.,

Discovery 130
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California's Secondary Evidence Rule: Helpful, Yes. But Not an End Run.

Evidence at Trial

To make these showings, Crown relied on an affidavit from a Synchrony employee who attested to the following: She had "personal knowledge of the business records of Synchrony" and was "a qualified person authorized to declare and certify on behalf of Synchrony." Chambers' objections and denied the motion. Chambers failed to do so).

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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

Based on these facts, an affidavit from IT Director Mr. Hughey, and an investigation by a technology consultant, Mr. Shapiro alleged that each of the individual defendants (and thus HHI, since they were acting in their official capacities) had accessed his emails unlawfully.

Evidence 130
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Mastering Numbers in Legal Writing: A Complete Guide to Style & Formatting

Legal Writing Launch

versus The defendant made 12 objections during the hearing. Example: Twenty-one affidavits proved the defendants liability. instead of 21 affidavits proved the defendants liability. Example: The plaintiff filed three motions in limine. Beginning Sentences: Always spell out numbers that start a sentence, regardless of their size.

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Do You Really Need to Ask for Metadata?

Joshua Gilliland

Review applications use the metadata to populate the database of “objective coding,” the information gleamed from the four corners of a document. I think there is a strong argument that ESI without metadata is not in a reasonably useable form, as it hinders document review.