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

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.

Evidence 111

Evidence Media and Entertainment Jury Deliberation Expert Testimony 111

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 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

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.” Nor is it a positive development when that court wrote: “Things have never exactly moved along at a break-neck pace in this litigation.

Discovery 130

Discovery Interrogatories Exhibits Litigation 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?

Admissibility 130

Admissibility Witnesses Discovery Mediation 130

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

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

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

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

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 117

Digital Evidence Discovery Evidence Litigation 117

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

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

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

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

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 111

Litigation Pharmaceuticals Manufacturing Evidence 111

E-Discovery LLC

OCTOBER 7, 2024

Fact discovery closed a day before the court’s opinion; however, it had been extended for 14 days “for the purpose of taking depositions that couldn’t be scheduled before the discovery cut-off.” Plaintiffs’ made their proposal to Meta on August 23 rd , prior to the September 30 th milestone cutting off discovery.

Discovery 130

Discovery Depositions Witnesses Litigation 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

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 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

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

OCTOBER 6, 2024

But, the Court found and held that there was no evidence that the defendants had read the emails after plaintiff’s termination. The Court rejected invasion of privacy and wiretap claims because there was no evidence that the employer had read the emails after the plaintiff was terminated. 19, 2021). [1]

Evidence 130

Evidence Discovery Affidavits Litigation 130

E-Discovery LLC

DECEMBER 19, 2024

In In re Outpatient Medical Center Employee Antitrust Litigation , 2024 WL 4679083 (N.D. A federal court may order that the privilege or protection is not waived by disclosure connected with the litigation pending before the court–in which event the disclosure is also not a waiver in any other federal or state proceeding.

Depositions 130

Depositions Subpoenas Evidence Discovery 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

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 26, 2024

37(a)(1) states only: “On notice to other parties and all affected persons, a party may move for an order compelling disclosure or discovery.” a mandates filing within 30 days after receipt of the opponent’s response to the discovery request. June 9, 2015). For example, Fed.R.Civ.P. Glaston Corp. Salem Fabrication Technologies Grp.,

Discovery 130

Discovery Healthcare Litigation Technology 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 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

NOVEMBER 5, 2024

Generally, work product protects certain information prepared in anticipation of litigation. And, generally, the common-law duty to preserve is triggered when litigation is reasonably anticipated. 26(b)(3) protects “things that are prepared in anticipation of litigation or for trial” and Fed.R.Civ.P. For example, Fed.R.Civ.P.

Admissibility 130

Admissibility Litigation Discovery Evidence 130

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

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

DECEMBER 9, 2024

Therefore, in his view, the evidence was not sufficiently authenticated. This method allows for authentication by the presentation of evidence describing a process or system that produces an accurate result. see The “Silent Witness” Theory of Authentication of Video Evidence (July 5, 2024). Lorraine v. 534, 542 (D.

Witnesses 130

Witnesses Expert Testimony Chain Of Custody Evidence 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

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

E-Discovery LLC

OCTOBER 22, 2024

NNI argued that Washington reneged and, as evidence, pointed to Washington allegedly “ignoring” its letter. Courts generally insist on timely presentation of discovery disputes. 17, 2023); “Old” Sedona Paper Implements the “Specificity” Provision of Discovery Responses (Dec. Discovery Guideline 1.f). 9, 2021)(citing D.

Objections 130

Objections Depositions Discovery Witnesses 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

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