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.

Subpoenas 130

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.

Subpoenas 130

Subpoenas Discovery Litigation Court Rules 130

E-Discovery LLC

FEBRUARY 11, 2025

Both discovery motions were granted in part and denied in part. The Cooper Court also ordered discovery of a cell phone providers text message log as a useful cross-check on the completeness of discovery. Accurate and Complete Discovery Responses Can Be Strategically Advantageous (May 13, 2024). 5, 2025)(Coulson, J.),

Cross-Examination 130

Cross-Examination Cross-Complaint Discovery Subpoenas 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

E-Discovery LLC

NOVEMBER 26, 2024

Defendant Kroger moved to quash a subpoena served by the plaintiff, Mr. Whitmore, on a nonparty claims investigator, Sedgwick Claims Service. Because Kroger did not rely on the subpoena rule, Fed.R.Civ.P. Mr. Whitmore issued a subpoena to Sedgwick for email, communications, and video footage regarding the claim.

Subpoenas 130

Subpoenas Evidence Witnesses Precedent 130

E-Discovery LLC

NOVEMBER 14, 2024

to preliminarily enjoin enforcement of a subpoena issued by Mr. Bonta in connection with a California investigation. Of course, as plaintiff, Plastics Industry Association needed to establish personal jurisdiction over Mr. “As part of that investigation,” Mr. Bonta sent preservation letters, and then subpoenas, to two Washington, D.C.

Subpoenas 130

Subpoenas Litigation Evidence 130

E-Discovery LLC

DECEMBER 19, 2024

Plaintiffs said that SCA was served with a copy of the subpoena on March 27 th , two days prior to serving it on Dr. Fanning and well before the deposition. Plaintiffs contended that SCA did nothingsuch as objecting or filing a motion to quashsince it received notice of the Subpoena. Pursuant to Fed. 502(a)(2) and (3). 26(b)(5)(B).

Depositions 130

Depositions Subpoenas Evidence Discovery 130

E-Discovery LLC

APRIL 11, 2025

The Special Master wrote: The Motion concerns Allergans request to compel Revance to search the personal devices of four individuals for documents responsive to Allergans discovery requests. Non-defendant employees are not immunized from discovery. citation and quotation omitted). I have suggested the need for a national standard.

Discovery 130

Discovery Litigation Subpoenas Evidence 130

Percipient

MARCH 10, 2022

Early case assessment (ECA) provides an opportunity to understand documentary and digital evidence. ” While ECA is often associated with electronic discovery and the early analysis of electronically stored information (ESI), its scope should not be so limited. .” The results: savings to the tune of almost $400,000.

Discovery 52

Discovery Evidence Digital Evidence Subpoenas 52

Plaintiff Trial Lawyer Tips

OCTOBER 31, 2024

THREE PRIMARY DEFENSE CLAIMS __ __ __ PLAINTIFF PROOF OF CAUSATION __ DEFENDANT CAUSATION DEFENSE _ PRELIMINARY STATUS REVIEW  Review local rules regarding deadlines and requirements DISCOVERY REVIEW Interrogatories  Review defendant’s answers to interrogatories. Note incomplete answers for motion.

Cross-Examination 100

Cross-Examination Exhibits Opening Statement Interrogatories 100

Discovery Advocate

NOVEMBER 26, 2018

civil and criminal law to define a party’s requirement to produce evidence pursuant to a subpoena, document request, regulatory inquiry or similar. The CLOUD Act focuses on whether the recipient of a request has control over the data ‒ specifically, whether there is “possession, custody, or control,” as used in both U.S.

Cross-Examination 130

Cross-Examination Subpoenas Litigation Evidence 130

Discovery Advocate

NOVEMBER 25, 2018

civil and criminal law to define a party’s requirement to produce evidence pursuant to a subpoena, document request, regulatory inquiry or similar. The CLOUD Act focuses on whether the recipient of a request has control over the data ‒ specifically, whether there is “possession, custody, or control,” as used in both U.S.

Cross-Examination 100

Cross-Examination Subpoenas Litigation Evidence 100

Percipient

FEBRUARY 10, 2022

While evidence and data from mobile devices has long been important in legal projects , requests to collect forensic images from mobile phones, laptops, and the like continue to increase. Pros of targeted forensic collections: speeds up e-discovery process because of less processing time.

Subpoenas 40

Subpoenas Discovery Litigation Evidence 40

SW&L Attorneys Blog

FEBRUARY 13, 2025

Part of the civil litigation process involves gathering evidence, known as discovery. Attorneys do this by sending written questions called interrogatories , issuing subpoenas , and holding depositions. A general rule of thumb: if the case does not involve criminal charges or juveniles, its probably civil litigation.

Depositions 53

Depositions Witnesses Pretrial Motions Litigation 53

3 Geeks and a Law Blog

AUGUST 29, 2023

Kristin explained that DISCO’s vision is to create great legal technology that helps lawyers find evidence faster. Their product suite now covers the entire litigation lifecycle, from intake to discovery to case management. But our goal is to build a great technology for lawyers to help them find evidence faster.

Technology 59

Technology Litigation Evidence Discovery 59

E-Discovery LLC

APRIL 8, 2025

28, 2025), the court granted in part and denied in part a motion to quash subpoenas issued to AT&T, Verizon, and T-Mobile (the Wayfarer Parties) by Ms. Lang, Ruling in Blake Lively’s Subpoena for Justin Baldoni Phone Records (Feb. 25, 2025); Reasonably Calculated to Lead to Discovery of Admissible Evidence (Nov.

Subpoenas 130

Subpoenas Objections Discovery Admissibility 130