Next Generation E-Discovery Law & Tech Blog

AUGUST 30, 2023

By John Patzakis The Best Evidence Rule, as codified in Federal Rule of Evidence 1002, provides that an original writing, recording, or photograph is required to prove the contents of the document. A case out of the federal courts in Texas addressed this issue head on.

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Evidence Jury Instructions Discovery Affidavits 52

Discovery Advocate

JUNE 8, 2023

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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Subpoenas Discovery Litigation Court Rules 130

Discovery Advocate

JUNE 7, 2023

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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Subpoenas Discovery Litigation Court Rules 130

WA Bar News

JULY 10, 2024

While the courthouse doors may remain open in the first instance to nonmeritorious lawsuits, the anti-SLAPP procedures allow a defendant to bring the matter to resolution through an early motion before much (if any) discovery is conducted. However, it does not allow dismissal of a claim that otherwise would have survived summary judgment.

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Discovery Pleadings Litigation Cross-Complaint 112

Complex Discovery

JULY 9, 2024

Grewal characterized their pursuit as a quest for “reasonable discovery” in response to the SEC’s June 2023 lawsuit. Coinbase’s defense strategy draws parallels to the high-profile Ripple case, where the court ruled that certain internal SEC communications were relevant to Ripple’s fair notice defense.

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Defense Strategy Precedent Discovery Depositions 122

WA Bar News

JUNE 11, 2024

should not be considered as evidence. First, by focusing on these two areas, I definitely do not imply that these are the only issues that can arise in either depositions or discovery more broadly. Washington Superior Court Civil Rule 30(h)(2) and (5) speak to, respectively, objections and private consultations: Objections.

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Depositions Witnesses Objections Discovery 98

Next Generation E-Discovery Law & Tech Blog

SEPTEMBER 11, 2024

Employees at Arch Insurance identified relevant ESI, but due to what the court identified as a lack of supervision by counsel, critical potential evidence was mishandled. The Court criticized Arch Insurance’s handling of the ESI search, describing the delay as indicative of “counsel’s disdain” for its discovery obligations.

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Insurance Jury Instructions Evidence Discovery 59

WA Bar News

SEPTEMBER 11, 2024

The Act provides for selection and immunity of arbitrators, discovery protocols, attorney fees, and fair and expeditious resolutions. Recommendation : There is some uncertainty (until a Washington appellate court rules) about what can be waived in the statute as well as how to properly waive it.

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Arbitration Evidence Case Law Mediation 105

WA Bar News

JULY 10, 2024

THESE NOTICES OF THE IMPOSITION OF DISCIPLINARY SANCTIONS AND ACTIONS are published pursuant to Rule 3.5(c) c) of the Washington Supreme Court Rules for Enforcement of Lawyer Conduct. Decision documents: Order Approving Stipulation; Stipulation to Reprimand; and Notice of Reprimand.

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Real Estate Depositions Evidence Admissibility 52

WA Bar News

DECEMBER 17, 2024

Fucile In the course of a case, litigators typically make all sorts of statements to courts on the facts and the law. 2 Some are in briefs, while others are made in open court. along with the confidentiality rule, RPC 1.6, and the withdrawal rule, RPC 1.16. 9 Here, however, well focus on the ethics rule.

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Pleadings Witnesses Arbitration Litigation 52

IP Whiteboard

NOVEMBER 19, 2020

Justice Markovic recently presided over an application for preliminary discovery that was sought after allegedly counterfeit MANOLO BLAHNIK shoes were found to be sold in a Sydney boutique store. No progress was made after several rounds of correspondence between lawyers, which led to the commencement of proceedings seeking discovery.

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Discovery Court Rules Retail Evidence 52

E-Discovery LLC

JUNE 5, 2024

While there were many issues on appeal, one was whether evidence of her internet searches related to termination of a pregnancy was properly admitted on the facts presented. The decision to admit that evidence was affirmed by the intermediate appellate court. See Case No. The facts were awful. Akers was pregnant. On appeal, Ms.

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Admissibility Evidence Voir Dire Objections 130

E-Discovery LLC

JUNE 1, 2024

Stuart, “Privacy in Discovery After Dobbs,” 26 Va. Courts frequently admit evidence “for what it’s worth.” “Weight” is decided by the finder of fact. Court Rules That Deprive Unpublished Opinions of Precedential Authority Distort the Common Law,” 79 Wash. & Tech. Law Quarterly 1253 (2001). & Proc.

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Precedent Discovery Admissibility Litigation 130

Joseph, Hollander & Craft

MARCH 7, 2025

However, many people do not realize that the procedural rule requiring police to expressly advise arrestees of their rights did not apply until a series of landmark 1960s Supreme Court cases, culminating in Miranda v. In general, a custodial confession given without a prior Miranda warning is not admissible in court. 436 (1966).

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Admissibility Evidence Witnesses Court Rules 52

Complex Discovery

OCTOBER 21, 2024

Evidence collection in such environments can be complicated by government intervention, surveillance, or manipulation of digital content. In the realm of eDiscovery, the report underscores the growing difficulties in cross-border investigations, particularly in countries where online activity is heavily monitored or censored.

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Telecommunications Technology Court Rules Evidence 95

Jury Analyst

MAY 22, 2024

A juror tasked with objective deliberation and verdict issuance based on evidence presented in court embodies the foundational aspect of a fair trial. Untangling the Concept of Jury Misconduct Jury misconduct occurs when jurors breach the legal standards set by federal or state courts, potentially impacting the fairness of a trial.

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Evidence Jury Deliberation Jury Selection Jury Instructions 40

Jury Analyst

MAY 22, 2024

A juror tasked with objective deliberation and verdict issuance based on evidence presented in court embodies the foundational aspect of a fair trial. Untangling the Concept of Jury Misconduct Jury misconduct occurs when jurors breach the legal standards set by federal or state courts, potentially impacting the fairness of a trial.

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Evidence Jury Deliberation Jury Selection Jury Instructions 40

E-Discovery LLC

AUGUST 15, 2024

The court wrote: This dispute centers on [the] discovery process, specifically repeated instances of non-compliance with the Court’s Orders governing the disclosure and use of discovery material. at *12 (emphasis added). at *2 (emphasis added).

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Discovery Litigation Evidence Court Rules 130