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4 E-Discovery Tips from Recent Case Law about New Data Types (Adv.)

InHouseBlog

Eight years on from the last set of major changes to the Federal Rules of Civil Procedure (FRCP) governing e-discovery, you might think that the practice of e-discovery had settled down into a comfortable status quo. And all of these platforms are fair game for discovery. To keep up, they have to learn from case law.

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Is a Court-Ordered ESI Protocol a Trap?

E-Discovery LLC

It is sufficient to resolve the current discovery dispute to observe that Meta’s privilege log does not satisfy paragraph 1 of appendix 2 of the ESI Order, and Meta has not filed a motion asking for relief from those requirements. This blog was initially posted on Electronic Discovery Reference Model. ESI Order ¶ 10.

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Does Every “Hit” on a “Hit Report” Have to be Produced?

E-Discovery LLC

The majority rule is based on the principle that all discovery is limited by concepts of relevance and proportionality, and that no litigant should be compelled to produce an irrelevant document merely because it “hit” on a keyword. In short, the scope of discovery limits what must be produced. See generally Jason R. 229 (2010).

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“Boilerplate” Objections Are Generally Condemned; Except When They’re Not

E-Discovery LLC

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.

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Possession, Custody, or Control of Responsive Information by States Suing Meta

E-Discovery LLC

34 discovery requests propounded by defendant Meta Platforms, Inc., The choice of the test may, and often does, impact the outcome of a discovery dispute. The Social Media Adolescent Addiction court wrote: “Ultimately, the control issue under Rule 34 is governed by federal law. 467, 482-92 (2016).

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Dale vs. Deutsche Telekom AG Illustrates the Importance of Effective ECA to Attain Proportionality

Next Generation E-Discovery Law & Tech Blog

Swedish Covenant Hosp. : “The discovery rules are not a ticket to an unlimited, never-ending exploration of every conceivable matter that captures an attorney’s interest. Magistrate Judge Jeffrey Cole began the order by quoting Vakharia v. Parties are entitled to a reasonable opportunity to investigate the facts—and no more.”

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Court Declines To Compel Employer To Produce Data from Employees’ Personal Mobile Devices

Discovery Advocate

Relying on an employee’s memory without an accompanying thorough discussion – informed by potentially relevant technical considerations of where data may reside and a more robust effort to locate it – is unlikely to constitute a “reasonable search” for purposes of defending a response to a request for non-objectionable discovery.

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