E-Discovery LLC

AUGUST 9, 2024

24, 2024), “Plaintiff, Vernie Kent, seeks to compel Defendant, Kade Warner, to produce a surveillance video Defendant’s attorney prepared in conjunction with this litigation.” This blog was initially posted on Electronic Discovery Reference Model. at *1 (citing cases).

Depositions 130

Depositions Discovery Evidence Litigation 130

E-Discovery LLC

OCTOBER 15, 2024

In separate litigation, the wife had engaged in improper conduct, including refusal to return and wiping a TST laptop, copying and retaining TST data, and she was held liable for conversion, enjoined, and punitive damages were assessed against her. Both the husband and wife sought discovery from TST.

Subpoenas 130

Subpoenas Objections Discovery Admissibility 130

E-Discovery LLC

OCTOBER 2, 2024

Plaintiff responded that the videos were not created in anticipation of litigation and therefore they are not protected work product. It explained that “there is nothing in the record to suggest that Defendant created the requested videos in anticipation of litigation. Next , the court overruled the improper boilerplate objections.

Admissibility 130

Admissibility Discovery Objections Interrogatories 130

E-Discovery LLC

AUGUST 16, 2024

In the latest iteration of In Re StubHub Refund Litigation , 2024 WL 3817068 (N.D. 13, 2024), the court began its decision of discovery issues with: “At the hearing Plaintiffs tried to walk back this [discovery] request and said it was limited to refund data, rather than a wholesale redo of non-custodial discovery.

Interrogatories 130

Interrogatories Discovery Depositions Litigation 130

Next Generation E-Discovery Law & Tech Blog

SEPTEMBER 21, 2023

By John Patzakis As we have mentioned many times, nearly every litigation matter involves social media evidence. If your case does not feature such important evidence, it is likely because you are not looking for it. Similarly, you have put some effort to tune into the torrential rivers of social media evidence.

Evidence 52

Evidence Litigation Discovery Technology 52

E-Discovery LLC

JUNE 4, 2024

It was an honor to be part of a presentation on “Social Media in Litigation” to the Maryland Judicial College today, together with The Hon. We did demonstrations of a pro se litigant offering evidence from a cell phone and a mock direct examination authenticating a Facebook page. Grimm (ret.), Shelton, Esq.,

Direct Examination 130

Direct Examination Discovery Litigation Evidence 130

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. The plaintiff had deleted his Facebook account resulting in lost evidence critical to the case.

Evidence 52

Evidence Jury Instructions Discovery Affidavits 52

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.

Discovery 100

Discovery Litigation Education Evidence 100

E-Discovery LLC

SEPTEMBER 10, 2024

The Court denied an implied request for spoliation sanctions, writing: “Without evidence before it that there was a video, the Court declines to speculate that one existed.” The Court determined that there was a mere scintilla of evidence supporting causation due to a roof leak. In this blog, I suggest a different analysis.

Evidence 130

Evidence Witnesses Discovery Litigation 130

E-Discovery LLC

SEPTEMBER 12, 2024

The September 6, 2024, decision in In Re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation, 2024 WL 4125618 (N.D. 34 discovery requests propounded by defendant Meta Platforms, Inc., 34 discovery requests propounded by defendant Meta Platforms, Inc., 467, 482-92 (2016).

Subpoenas 130

Subpoenas Discovery Litigation Objections 130

E-Discovery LLC

AUGUST 29, 2024

The Court wrote that: “Plaintiff admitted that he lost, misplaced, or destroyed relevant, discoverable material since initiating the litigation.” To the contrary, Plaintiff’s statements that evidence was lost when he was evicted and put his belongings in storage indicate that the loss was not purposeful. The loss was undisputed.

Evidence 130

Evidence Discovery Litigation 130

Ball in Your Court

AUGUST 1, 2024

Yesterday, I sought to defend the value of my law school course on E-Discovery & Digital Evidence to a law Dean who readily conceded that she didn’t know what e-discovery was or why it would be an important thing for lawyers to understand. My métier has always been litigation, to… It was a bracing experience.

Digital Evidence 109

Digital Evidence Discovery Evidence Litigation 109

E-Discovery LLC

AUGUST 21, 2024

Plaintiff sought discovery of video footage “of an interaction” with her former manager and security personnel who had allegedly forcibly removed her from defendant’s premises. Rather, a party seeking spoliation sanctions must establish that the party with the evidence had an obligation to preserve it. at *7 (emphasis added).

Evidence 130

Evidence Discovery Objections Litigation 130

E-Discovery LLC

SEPTEMBER 25, 2024

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

Discovery Objections Admissibility Expert Testimony 130

E-Discovery LLC

AUGUST 22, 2024

On remand, if the trial court is called upon to again instruct the jury regarding failure to produce evidence, the court should consider the following factors before deciding whether to give the instruction to the jury. Aldridge: Making the Spoliation Instruction A Litigation Unicorn,” 3 Tex. Johnson, “Brookshire Brothers v.

Discovery 130

Discovery Litigation Evidence Objections 130

Discovery Advocate

MARCH 30, 2023

In re Google Play Store Antitrust Litig., — F. In failing to preserve relevant chat messages after the commencement of litigation, the court opined that Google “fell strikingly short … in honor[ing] the evidence preservation duties it was abundantly familiar with from countless prior cases.” 21-MD-02981 (JD) (N.D.

Discovery 130

Discovery Litigation Evidence Case Management 130

Discovery Advocate

MARCH 31, 2023

In re Google Play Store Antitrust Litig. , In failing to preserve relevant chat messages after the commencement of litigation, the court opined that Google “fell strikingly short … in honor[ing] the evidence preservation duties it was abundantly familiar with from countless prior cases.” 21 MD 2981 (JD) (S.D.N.Y.

Discovery 130

Discovery Litigation Evidence Case Management 130

Sound Jury Blog

JANUARY 8, 2024

In the spirit of correcting past problems and forging new habits, here’s a list of litigation resolutions – from case intake to closing argument – to put your trial strategy either back on track or to keep it on track. Too often we see trial teams begin thinking about their jury story near or at the close of discovery.

Litigation 52

Litigation Jury Selection Closing Argument Depositions 52

Complex Discovery

JUNE 17, 2024

states over talcum powder litigation marks a pivotal moment in consumer protection and corporate accountability. Cybersecurity, information governance, and eDiscovery professionals will find the developments in this case particularly relevant as they navigate the complexities of corporate litigation and regulatory compliance.

Litigation 96

Litigation Pharmaceuticals Manufacturing Evidence 96

Hanzo Blog

JUNE 21, 2023

In the ongoing case of Sam Bankman-Fried and his failed crypto exchange FTX, the growing volume of evidence highlights the new landscape of ediscovery challenges when it comes to the breadth of new data sources showing up in corporate litigation.

Discovery 97

Discovery Evidence Litigation Case Law 97

E-Discovery LLC

JULY 9, 2024

In virtually every aspect of discovery, courts are rejecting generalized assertions and demanding an adequate factual predicate. 16, 2024); “Old” Sedona Paper Implements the “Specificity” Provision of Discovery Responses (Dec. New Sedona Primer Implements the “Bull’s Eye View” of Discovery Requests (Dec. Dometic Corp.,

Objections 130

Objections Discovery Litigation Insurance 130

E-Discovery LLC

AUGUST 9, 2024

8, 2024), Debra Cassens Weiss reported on an information governance issue: “A federal judge who ruled that Google is a monopolist declined to sanction the search engine for failing to preserve internal chat messages, even though he criticized its policies intended to keep bad evidence out of litigation.” ” Ms.

Litigation 130

Litigation Discovery Evidence 130

CaseFox

OCTOBER 26, 2023

This blog explores different alternative dispute resolution processes and methods, such as mediation, arbitration, and litigation. In some cases, the ADR process is used along with the litigation process. There are a few different types of alternative dispute resolution, such as mediation, arbitration, and litigation.

Mediation 52

Mediation Arbitration Litigation Discovery 52

CaseFox

OCTOBER 26, 2023

This blog explores different alternative dispute resolution processes and methods, such as mediation, arbitration, and litigation. In some cases, the ADR process is used along with the litigation process. There are a few different types of alternative dispute resolution, such as mediation, arbitration, and litigation.

Mediation 52

Mediation Arbitration Litigation Discovery 52

E-Discovery LLC

AUGUST 13, 2024

The Court “presided over a discovery dispute hearing related to Plaintiff’s motions to compel interrogatory requests and requests for production of documents, and related to a motion for a protective order filed by the Defendant.” Sometimes Discovery Disputes Do Not Bring Out the Best in Us – Part II (Jun. 7, 2024)(Simms, J.),

Discovery 130

Discovery Depositions Interrogatories Objections 130

CaseFox

DECEMBER 21, 2023

The legal proceedings can be broadly categorised into civil and criminal litigation, each governed by distinct laws and procedures. This blog highlights the key differences between civil and criminal litigation according to the law. Discovery is the process by which parties exchange information and evidence.

Litigation 52

Litigation Evidence Burden Of Proof Objections 52

Discovery Advocate

JUNE 8, 2023

In re Pork Antitrust Litig. , Further, employers should examine their bring-your-own-device (BYOD) policies to ensure that what is or is not company data is well defined according to their business, regulatory and litigation needs. In In re Pork Antitrust Litig. , 18-cv-2022 WL 972401 (D.

Subpoenas 130

Subpoenas Discovery Litigation Court Rules 130

E-Discovery LLC

AUGUST 14, 2024

defendant was sanctioned for belatedly canceling depositions that were scheduled at the discovery cutoff date. The pro se plaintiff stated that the notice was “on the day of the close of Discovery” and that the defendant then submitted a declaration of Ms. This blog was initially posted on Electronic Discovery Reference Model.

Depositions 130

Depositions Discovery Evidence Litigation 130

Discovery Advocate

JUNE 7, 2023

In re Pork Antitrust Litig. , Further, employers should examine their bring-your-own-device (BYOD) policies to ensure that what is or is not company data is well defined according to their business, regulatory and litigation needs. In In re Pork Antitrust Litig. , 18-cv-2022 WL 972401 (D.

Subpoenas 130

Subpoenas Discovery Litigation Court Rules 130

E-Discovery LLC

SEPTEMBER 17, 2024

They’re scanning for Teslas parked nearby, hoping their unique outward-facing cameras captured key evidence.” The implications for civil litigation are obvious. This has led to litigation. The e-discovery issues presented by these articles and technologies are fascinating. For example: “Texas sued General Motors Co.

Manufacturing 130

Manufacturing Litigation Discovery Insurance 130

E-Discovery LLC

JUNE 25, 2024

There were several other discovery disputes and the parties submitted emails, exhibits, and a declaration. Defendants added: According to Defendants, while the parties conducted multiple telephone conferences thereafter regarding Plaintiffs’ complaints as to Defendants’ discovery responses, the privilege log issue was never raised….

Discovery 130

Discovery Exhibits Interrogatories Objections 130

CaseFox

MAY 23, 2023

Among these roles, lawyers and litigators often create confusion due to their similarities. In this comprehensive blog post, we will delve into the world of litigators, shedding light on their specific role and how it differs from that of a lawyer. What is a Litigator?

Litigation 52

Litigation Cross-Examination Settlement Negotiations Legal Research 52

Discovery Advocate

JANUARY 26, 2024

The updates reinforce the “longstanding obligation” to preserve and produce all responsive documents, including data from ephemeral messaging applications that allow messages to disappear or are designed to hide evidence.

Subpoenas 147

Subpoenas Evidence Litigation Discovery 147

E-Discovery LLC

JULY 2, 2024

See Justin Wise, Chevron Ruling Poised to Boost Business for Corporate Litigators (bloomberglaw.com) (July 1, 2024), discussing Loper Bright Enterprises v. And, that will impact e-discovery. Plaintiff moved to compel discovery of memos prepared by the internal affairs division. Raimondo , No. 22-451, __ U.S. __ (Jun.

Discovery 130

Discovery Evidence Construction Litigation 130

Next Generation E-Discovery Law & Tech Blog

SEPTEMBER 11, 2024

In its first eDiscovery failing, Arch Insurance did not issue a litigation hold until four years after having constructive notice of the claim. 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.

Insurance 59

Insurance Jury Instructions Evidence Discovery 59

WA Bar News

JULY 10, 2024

PURPOSE OF ANTI-SLAPP LAWS The purpose of anti-SLAPP laws is to prevent litigants from suing and threatening suit as a means of stifling speech on issues of public concern. If so, the court then decided whether the plaintiff could prove by clear and convincing evidence a probability of prevailing on the claim. Expression Prot.

Discovery 88

Discovery Pleadings Cross-Complaint Litigation 88

CaseFox

MARCH 23, 2023

Investigation: Once you have hired an attorney, they will conduct a thorough investigation to gather evidence to support your claim. The litigation process can be lengthy and expensive, but your attorney will guide you through each step. This may include depositions, interrogatories, and requests for documents.

Interrogatories 97

Interrogatories Depositions Evidence Discovery 97