Remove Court Rules Remove Discovery Remove Litigation
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Another Approach to Drafting and Discovery of Litigation Hold Notices

E-Discovery LLC

By definition, a litigation hold notice is a communication from an attorney to a client regarding the duty to preserve potentially responsive information. [1] 7, 2025), the court held that litigation hold notices were privileged. DISCOVERY OF LITIGATION HOLD NOTICES HAS LONG BEEN AN ISSUE. 1] In Homeland Ins.

Discovery 130
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Discretionary Stay of Discovery Pending Decision on Dispositive Motion

E-Discovery LLC

Defendants moved to stay all discovery deadlines pending a resolution of their motion to compel arbitration and for a stay pending arbitration. The motion to stay discovery was granted. The Court wrote that: It is axiomatic that district courts enjoy substantial discretion in managing discovery. 26(c)(1)(A)-(B).

Discovery 130
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The Clock is Ticking: How to Miss Fewer Court Deadlines

Attorney at Work

These include statutes of limitation for filing a case, deadlines for filing motions, preparing for hearings, producing documents in litigation discovery or responding to a summary judgment. The Solution: Integrated Court Rules. Today law firms have multiple options for automated rules and calendar management.

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Golden Oldie #1 – Is a Preservation Letter Necessary to Trigger an Opponent’s Duty to Preserve?

E-Discovery LLC

In Thompson II , certain defendants failed fully to produce emails after the Court ruled that they were discoverable. The Court entered one that would conditionally preclude defendants from calling certain witnesses unless they could demonstrate that the witness had not sent or received responsive emails. Emphasis added].

Discovery 130
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Court Holds That an ESI Protocol Must be Specific in GenAI Copyright Class Action

E-Discovery LLC

One problem with ESI Protocols, and one of their advantages , is that – – unlike a discovery plan – – the term ESI Protocol is not defined anywhere. Discovery Plan (Jan. Many (like me) agree with Kelly Twigger that: An ESI protocol is your roadmap to handling ESI issues in any litigation. ESI Protocol v.

Discovery 130
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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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Protecting the Judiciary and the Rule of Law

E-Discovery LLC

In response, I have published multiple blogs echoing Judge Grimm: Protecting the Judiciary E-Discovery LLC (Jan. 30, 2025); Marylands Protection of the Judiciary E-Discovery LLC (Apr. 10, 2024); American Bar Association Statement on Threats Against the Judiciary E-Discovery LLC (Apr. Americans expect no less.

Discovery 162