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How Not to Negotiate an ESI Protocol? Say it is “Mandatory”; and, Demand That Discussions be Recorded

E-Discovery LLC

20, 2025), the court wrote: From the inception of this action, Counsel for the parties could not agree on the scope and methodology for ESI discovery. Second , plaintiffs service of a mandatory discovery plan was held to show a lack of cooperation. 26(f) requires a conference of the parties to discuss a discovery plan.

Discovery 130
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Relative Proportionality Argument Rejected

E-Discovery LLC

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
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Patent Litigation Firm is Seeking an Experienced Patent Litigator

IP Watchdog

A Texas-based patent enforcement firm seeks an experienced patent litigator. The ideal candidate would have experience managing patent enforcement cases, including routine motion practice, claim construction, discovery, pretrial preparation, trial, and appeal. for qualified candidates.

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Legalweek 2025: Judges Signal New Competency Standards in AI-Era Discovery

Complex Discovery

Editor’s Note: Courts are sending a clear message: technical fluency is no longer optional in the world of modern discovery. The panel, moderated by Patrick Oot, Partner at Shook Hardy and a Chambers-ranked litigator in data and discovery strategies, assembled an exceptional cross-section of judicial perspectives.

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CAFC Reverses and Vacates Decision for L’Oréal, Finding District Court Claim Construction was Improper

IP Watchdog

UMass on appeal challenged both of the district court’s holdings, arguing that they were entitled to jurisdictional discovery against L’Oréal S.A. and that the claim construction performed by the district court was improper. The district court held that it lacked personal jurisdiction over L’Oréal S.A.

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[Educational Webcast] Protect Sensitive Data and Control Costs: An eDiscovery Blueprint for the Construction Industry

Complex Discovery

Editors Note: The construction industry faces unique and evolving eDiscovery challenges, from managing vast data volumes to safeguarding sensitive communications and project plans. HaystackIDs webcast will provide construction attorneys with a practical blueprint for leveraging artificial intelligence (AI) to streamline eDiscovery processes.

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Trust Me:  Nothing in the Missing Video Would Have Helped You!

E-Discovery LLC

A slip and fall plaintiff must show that the proprietor had actual or constructive knowledge of a dangerous condition. 37(e), Maryland Rule 2-433, and federal common law, the duty to preserve is triggered when litigation is reasonably anticipated. Discovery of when the duty to preserve was triggered has been permitted.

Evidence 130