E-Discovery LLC

SEPTEMBER 16, 2024

9, 2024), provides a succinct summary of the scope of discovery under the December 2015 amendments to the Federal Rules of Civil Procedure. Information within this scope of discovery need not be admissible in evidence to be discoverable.” It – surprisingly – sustained boilerplate objections. The case involved a loan gone south.

Discovery 130

Discovery Objections Interrogatories Pleadings 130

E-Discovery LLC

MARCH 13, 2025

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. 10, 2025)(Austin, J.),

Discovery 130

Discovery Arbitration Litigation Mediation 130

E-Discovery LLC

DECEMBER 16, 2024

26, 2024)(unreported), dismissals for discovery violations were affirmed. Nguh, one owner, propounded discovery on Mr. Etame, the opposing owner. The Appellate Court wrote: Mr. Etame failed to respond to discovery, and on March 3, 2022, Ms. Etame appealed, arguing abuse of discretion in the imposition of discovery sanctions.

Discovery 130

Discovery Interrogatories Affidavits Pleadings 130

E-Discovery LLC

MAY 27, 2024

In response, “the prosecutor proffered that Sandhu was named in the supplemental discovery documents, which had been disclosed several weeks before the start of trial, but candidly acknowledged that the State had not indicated its intention to call Sandhu as a witness at that time. He asserted self defense. Standford v. Rule 4-263(n).

Discovery 130

Discovery Cross-Examination Witnesses Admissibility 130

E-Discovery LLC

FEBRUARY 23, 2025

7, 2025), the court addressed a number of discovery disputes in this lawsuit by a terminated employee against her former employer. 22 asked: Identify each and every DOCUMENT or other piece of tangible evidence relevant to Plaintiff’s claims and Defendants’ defenses which has been lost, destroyed, or cannot be found.

Discovery 130

Discovery Interrogatories Objections Court Rules 130

E-Discovery LLC

OCTOBER 16, 2024

When it came to discovery, it wasn’t. RFP 1: “NO SUCH DOCUMENTS EXIST” Generally, when an attorney signs a discovery response under Fed.R.Civ.P. Discovery is the Lawyer’s X-Ray; However, an MRI May Not Be Reasonable (Sep. Discovery is the Lawyer’s X-Ray; However, an MRI May Not Be Reasonable (Sep. Lain’s entity.

Discovery 130

Discovery Subpoenas Depositions Evidence 130

E-Discovery LLC

NOVEMBER 23, 2024

The medical providers served discovery requests. The circuit court order precluded plaintiffs “from supporting claims and/or introducing evidence in support of claims” that defendants breached the standard of care. This was an action alleging medical malpractice. Receiving no responses, they moved to compel. emphasis added].

Evidence 130

Evidence Pleadings Discovery Precedent 130

E-Discovery LLC

FEBRUARY 21, 2025

As to one document, the Courts review of the substance of each of the redacted paragraphs makes clear that the letter involves the application of legal principles relevant to discovery and evidence preservation to guide the future conduct of Defendants. DISCOVERY OF LITIGATION HOLD NOTICES HAS LONG BEEN AN ISSUE. Grimm (ret.)

Discovery 130

Discovery Litigation Privileged Communication Court Rules 130

E-Discovery LLC

SEPTEMBER 4, 2024

29, 2024), rejected “oceanic” discovery requests, while permitting reasonable ones. The court wrote: “Not surprisingly, discovery in this case, like ‘the course of true love, [has been anything but] smooth.’ The court wrote: “Not surprisingly, discovery in this case, like ‘the course of true love, [has been anything but] smooth.’

Discovery 130

Discovery Objections Evidence Litigation 130

E-Discovery LLC

MAY 25, 2024

May 15, 2024), in a “recently filed” case, “the Court issues the following Order to provide instructions to the parties regarding their initial discovery obligations and to institute initial case management proceedings.” Instead of an “ESI Protocol,” the court ordered the parties to submit a “discovery plan.” Discovery Plan” (Jan.

Discovery 130

Discovery Case Management Evidence Litigation 130

E-Discovery LLC

FEBRUARY 1, 2025

THE DISCOVERY VIOLATION AND COURT ORDER Minh propounded discovery on Kelly. First, any sanction must be just; second, the sanction must be specifically related to the particular claim which was at issue in the order to provide discovery. Kelly Hoang Law Firm v. Hoang , 2023 WL 3150110 (C.D. 14, 2023). cleaned up).

Discovery 130

Discovery Legal Services Litigation Evidence 130

E-Discovery LLC

JANUARY 3, 2025

The Sterling court wrote that this court certainly does not want to issue rulings that encourage parties to file hair-trigger discovery disputes. 26, 2024)(serving party should not run to court); Discovery on Discovery (Apr. It is also interesting that IBM drafted sufficient to show discovery. at *2 (citation omitted).

Discovery 130

Discovery Evidence Objections 130

Complex Discovery

SEPTEMBER 11, 2024

Understanding how courts may handle AI-generated evidence will be crucial for those responsible for managing digital content, ensuring data integrity, and navigating complex litigation involving digital forensics. John Tunheim, delves into how the judiciary can prepare for the impact of AI-manipulated evidence. Grimm (ret.),

Evidence 111

Evidence Media and Entertainment Jury Deliberation Technology 111

Complex Discovery

OCTOBER 19, 2024

Editor’s Note: Artificial intelligence (AI) is transforming the pharmaceutical industry, offering unprecedented opportunities to accelerate drug discovery, streamline clinical trials, and fortify intellectual property (IP) strategies. Maintaining a clear chain of custody for AI-involved processes becomes crucial.

Pharmaceuticals 111

Pharmaceuticals Discovery Government and Public Sector Chain Of Custody 111

E-Discovery LLC

OCTOBER 17, 2024

11, 2024), involved a request for discovery from a former Town attorney concerning an offer that he allegedly made to plaintiffs. The court: set out the governing standard for discovery from an attorney and, denied a request to depose the attorney; but, authorized a limited interrogatory to him. Albra , 2024 WL 4471672 (S.D.N.Y.

Discovery 130

Discovery Depositions Interrogatories Settlement Negotiations 130

The TechnoCat eDiscovery Blog

APRIL 6, 2021

New to the legal technology space or a battle hardened eDiscovery expert? The TechnoCat eDiscovery Blog is your go to resource for all things eDiscovery!

Evidence 130

Evidence Discovery Technology 130

E-Discovery LLC

AUGUST 9, 2024

This blog was initially posted on Electronic Discovery Reference Model. at *1 (citing cases).

Depositions 130

Depositions Discovery Evidence Litigation 130

E-Discovery LLC

JULY 5, 2024

The Supreme Court of Maryland is considering a challenge to authentication of video evidence using the “pictorial testimony theory.” On appeal, defendants unsuccessfully challenged the authentication of the video evidence. at *9 (“His method of obtaining the evidence was also similar to the other videos….”).

Evidence 130

Evidence Witnesses Cross-Examination Precedent 130

E-Discovery LLC

JUNE 20, 2024

Life is Short It is also a red flag when the court notes: “Since February of 2023, there have only been rare and brief occasions when the parties did not have some discovery dispute before the court.” There is nothing wrong with a little humor to provide a break in the monotony of this long and tedious discovery war.” June 17, 2024).

Discovery 130

Discovery Interrogatories Litigation Exhibits 130

Complex Discovery

SEPTEMBER 29, 2024

The publication selects five top articles to keep legal, business, and technology professionals informed about key developments in cyber discovery, data discovery, and legal discovery. Grossman weigh in on the potential for LLMs to revolutionize legal discovery. Legal and cybersecurity experts, including Hon. Grimm (ret.)

Discovery 105

Discovery Government and Public Sector Technology Evidence 105

IP Watchdog

MARCH 7, 2025

International Trade Commissions economic prong analysis for the domestic industry requirement of Section 337, finding that petitioners at the Patent Trial and Appeal Board have no self-executing discovery obligations to present evidence from parallel ITC proceedings, and more; strong global demand for AI chips buoys Broadcoms first quarter results; (..)

Discovery 52

Discovery Pharmaceuticals Evidence 52

E-Discovery Team

SEPTEMBER 19, 2024

On April 19, 2024, the Advisory Committee on Evidence Rules decided not to enact new rules regarding AI-generated evidence, including deepfakes, despite various proposals, notably from Judge Paul Grimm and Professor Maura Grossman. Under Daniel J. Capra’s guidance, the Committee believes further development is needed.

Evidence 98

Evidence Technology 98

E-Discovery LLC

FEBRUARY 8, 2025

While not the focus of this blog, it is interesting that some of the evidence of the undue influence came from graphic text messages. In Sullivan , the appellant (Joan) was unsuccessful on a discovery issue because she had not asked the right question in discovery. Rules Form No. at *15 (Emphasis added; citations omitted).

Interrogatories 130

Interrogatories Discovery Trial Preparation Evidence 130

E-Discovery LLC

AUGUST 23, 2024

22, 2024), my friend Paul Sandler wrote: “It can be said that direct and cross-examination are the central features of the trial, and essential to examinations are the exhibits sought to be introduced in evidence.” 26(f) conference and “ESI Protocol” or discovery plan. See “ESI Protocol” v.

Cross-Examination 130

Cross-Examination Exhibits Evidence Witnesses 130

Discovery Advocate

MARCH 13, 2023

Practical Insight This case is a cautionary tale for the attorney who may know to say all of the right things when it comes to modern discovery practice but, in fact, lacks the expertise and competence to oversee a defensible discovery effort. Competence pervades every aspect of the ESI discovery process. DR Distribs.,

Discovery 100

Discovery Litigation Education Evidence 100

E-Discovery LLC

OCTOBER 9, 2024

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. Griffith Lab’ys, Inc.,

Objections 130

Objections Discovery Interrogatories Admissibility 130

E-Discovery LLC

JANUARY 31, 2025

The court wrote: Here, the Court questions whether the parties have acted with sufficient diligence in pursuing discovery. The Jennings court discussed a series of discovery events, and added: The parties should be proactive in following-up with their discovery so as not to run into conflicts with the discovery cutoff.

Discovery 130

Discovery Depositions Court Rules Evidence 130

E-Discovery LLC

JANUARY 28, 2025

24, 2025), the court imposed sanctions on a pro se litigant who, in the courts words, has engaged in unseemly behavior towards counsel as well as improper discovery litigation. He alleged discrepancies in the timestamps of some of the emails produced by Costco as part of the discovery. Rivera was filing meritless discovery motions.

Discovery 130

Discovery Expert Testimony Affidavits Evidence 130

Discovery Advocate

MARCH 5, 2023

This policy effectively applies to every business that could conceivably face DOJ inquiry and evidences the DOJ’s growing frustration with its inability to obtain relevant texts and instant messages from target subjects, especially when these communications are occurring outside employer-provided communication platforms.

Evidence 130

Evidence 130

E-Discovery LLC

JUNE 4, 2024

We did demonstrations of a pro se litigant offering evidence from a cell phone and a mock direct examination authenticating a Facebook page.

Direct Examination 130

Direct Examination Discovery Litigation Evidence 130

E-Discovery LLC

MARCH 26, 2025

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

Discovery Objections Litigation Healthcare 130

E-Discovery LLC

MARCH 6, 2025

3, 2025), the court issued another hyperlinked document discovery decision arising out of the parties ESI Protocol. Uber also presents evidence that currently the production of hyperlinked non-Google Drive documents is not technologically feasible at scale. Plaintiffs did not dispute the evidence. Lorraine v. 534, 538 (D.

Technology 130

Technology Discovery Evidence Litigation 130

E-Discovery LLC

OCTOBER 2, 2024

26(b)(1), “[r]elevant information need not be admissible at trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence.” The December 2015 amendments to Rule 26(b)(1) deleted the phrase “subject matter of the action” from the scope of discovery. 9, 2021). [2]

Admissibility 130

Admissibility Discovery Objections Interrogatories 130

E-Discovery LLC

AUGUST 12, 2024

The July 2024 “Notice of Proposed Rules Changes” of the Maryland Standing Committee on Rules of Practice and Procedure – – 223rdreport.pdf (mdcourts.gov) – – proposes rules that address the issue of how “digital media” – – a term of art – – is placed in the record, both in open court and in pleadings (..)

Evidence 130

Evidence Pleadings Exhibits 130

E-Discovery LLC

APRIL 4, 2025

Hall alleges that BPD and three former officersDonald Licato, Frank Barlow, and John Barrickconcealed exculpatory evidence and coerced false witness testimony during Plaintiffs 1992 murder trial. Non-party status receives special weight and leads to an even more demanding and sensitive inquiry than the one governing discovery generally.

Subpoenas 130

Subpoenas Discovery Objections Witnesses 130

E-Discovery LLC

APRIL 2, 2025

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. And, the Federal Rules of Civil Procedure mandate that a discovery plan be submitted. [Emphasis added; cleaned up]. ESI Protocol v.

Discovery 130

Discovery Litigation Precedent Court Rules 130

E-Discovery LLC

DECEMBER 21, 2024

Discovery Plan The ESI Protocol: Your Word is Your Bond Or, Is It? Reasonably Calculated to Lead to Discovery of Admissible Evidence Is a Vehicles On Board or Dash Cam Video Protected From Disclosure as Work Product? Mediation of Discovery Disputes by Courts Law Clerk? Last December, I posted My Top Blogs From 2023.

Admissibility 130

Admissibility Witnesses Discovery Mediation 130