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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. THE HOMELAND DECISION Homeland is an insurance coverage lawsuit. 1] In Homeland Ins. Grimm (ret.)

Discovery 130
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Discoverability of Litigation Hold Notices and Steps to Implement a Litigation Hold

E-Discovery LLC

18, 2024), the court ordered production of litigation hold notices and implementation communications. Homeland Insurance sought a declaratory judgment that it had no duty to defend or indemnify Independent Health Association. A third-party defendant, Ace Insurance, sought a similar determination. Independent Health Ass’n.,

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Defendants Should Not Have Moved to Dismiss, Negotiated an ESI Protocol, and Engaged in Discovery Before Moving to Compel Arbitration

E-Discovery LLC

13, 2025), defendants waived their right to arbitration by moving to dismiss for failure to state a claim, negotiating an ESI Protocol, and engaging in discovery for 17 months. Discovery commenced after the Courts initial scheduling conference on August 15, 2023. Plaintiffs rented vehicles from defendants on several occasions.

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It is Important to Understand an E-Discovery Vendor’s Contract

E-Discovery LLC

10, 2025), the issue was whether an electronic discovery services vendor, DFC, could compel its former client to arbitrate a breach of contract claim. They alleged that they had hired DFC to perform electronic discovery services. The Supreme Court of Alabama held that arbitration was compelled. Plaintiffs sued DFC.

Discovery 130
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The Insurance Industry Faces Rising AI-Litigation: Experts Urge Preparedness

Complex Discovery

Editor’s Note: As artificial intelligence (AI) continues to reshape the insurance industry, it brings a host of legal and regulatory challenges that professionals must navigate. This article delves into the imminent wave of regulatory scrutiny and potential litigation facing insurers as they adopt AI technologies.

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Scheduling Orders Are Mandatory; Vital to Caseload Management; and, Enforced Even Where Parties Got Themselves Into a “Pickle” by Dilatory Efforts to Cooperate

E-Discovery LLC

1, 2024), opens with the court’s statement that: The parties jointly ask to extend the discovery deadline and continue the trial. As the parties have demonstrated that they cannot manage the discovery process efficiently on their own, court oversight is necessary. Then, they “asked for and received 10 months to conduct discovery.”

Discovery 130
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The Standard for In Camera Review of Assertedly Privileged Documents

E-Discovery LLC

Employees Insurance Co. Plaintiff’s claim against GEICO was a third-party bad-faith insurance action. In virtually every aspect of discovery, courts are rejecting generalized assertions and demanding an adequate factual predicate. New Sedona Primer Implements the “Bull’s Eye View” of Discovery Requests (Dec. Dometic Corp.,