E-Discovery LLC

APRIL 3, 2025

31, 2025), the court denied defendants request to stay discovery pending a ruling on defendants motion to dismiss the complaint. In denying the request to stay discovery, the Hernandez court first noted that it had wide discretion in controlling discovery. The stay was presented by plaintiffs motion to compel. cleaned up).

Discovery 130

Discovery Cross-Complaint Counterclaim Litigation 130

E-Discovery LLC

OCTOBER 1, 2024

27, 2024), the court rejected defendant’s effort to discover documents sent by plaintiff to a litigation funder that permitted the lender to evaluate the value of plaintiff’s claims. Design sought and obtained litigation financing from Validity Finance. In Design With Friends, Inc. Target Corporation , 2024 WL 433114 (D.

Litigation 130

Litigation Discovery Subpoenas 130

E-Discovery LLC

SEPTEMBER 22, 2024

Among them were: general principles of discovery; the role of counsel in self-collection; discovery on discovery; the date that the litigation hold was triggered; whether reasonable post-trigger steps were taken; curative sanctions under Fed.R.Civ.P. It insists that it is not conducting unchecked discovery.”

Discovery 130

Discovery Burden Of Proof Litigation Evidence 130

E-Discovery LLC

DECEMBER 18, 2024

Plaintiffs wanted more information about (1) whether Google preserved chat messages for Mr. Boyer and other witnesses; (2) whether Google timely implemented a litigation hold for custodial documents for Mr. Boyer and other witnesses; and (3) whether Mr. Boyer and other witnesses participated in Googles communicate with care trainings.

Discovery 130

Discovery Litigation Witnesses Depositions 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

JULY 23, 2024

15, 2024), the court “allowed [defendants] Hillrom to take limited discovery about when [plaintiff] Linet’s duty to preserve may have arisen….” In short, the court authorized discovery of privilege-log-type information, such as when plaintiff communicated with counsel prior to suit and the general subject-matter of those communications.

Discovery 130

Discovery Privileged Communication Litigation 130

Attorney at Work

JUNE 13, 2024

Ari Kaplan interviews David Cohen, chair of Reed Smith's Records and E-Discovery Group, and Ross Guberman of BriefCatch. The post The Power of Innovation in Litigation, Drafting and Client Service appeared first on Articles, Tips and Tech for Law Firms and Lawyers.

Litigation 168

Litigation Discovery Technology 168

E-Discovery LLC

NOVEMBER 24, 2024

18, 2024), the court ordered production of litigation hold notices and implementation communications. In a prior order, “the Court ordered defendants to provide the Court with unredacted copies of five litigation-hold-related documents for in camera review.” 16, 2022) Are Litigation Hold Notices Discoverable? In Homeland Ins.

Litigation 130

Litigation Discovery Technology Insurance 130

Attorney at Work

JANUARY 31, 2022

For example, cross-border litigation is now widespread as global commerce increases. Consequently, as more corporations operate in more countries, the potential of litigation over patent infringements, copyright violations, and product liability rises. Multilingual E-Discovery . This is where multilingual e-discovery comes in.

Discovery 312

Discovery Litigation Technology 312

E-Discovery LLC

APRIL 10, 2025

The Sedona Conference has posted its Commentary on Discovery of Collaboration Platforms Data, Public Comment Version (Apr. 26(b)(1) states that [i]nformation within this scope of discovery need not be admissible in evidence to be discoverable, discoverable material that does not meet evidentiary standards may be of little or limited value.

Discovery 130

Discovery Evidence Litigation Objections 130

E-Discovery LLC

SEPTEMBER 13, 2024

District Court for the District of Maryland as the “ESI Discovery Supervisor” in a complex commercial case, with the task of “oversee[ing] the negotiation of an ESI protocol.” Then, the process led to the filing of a “Stipulated ESI Protocol and Discovery Plan.” Discovery Plan” (Jan. It was an honor to be appointed by the U.

Discovery 130

Discovery Mediation Litigation Objections 130

E-Discovery LLC

FEBRUARY 14, 2025

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. Avis Rent a Car System LLC , 2025 WL 484588 (D.N.J.

Arbitration 130

Arbitration Discovery Litigation Depositions 130

E-Discovery LLC

FEBRUARY 26, 2025

7, 2025), the court addressed a number of discovery disputes in a lawsuit by a terminated employee against her former employer. While Sedona correctly states that the test is whether a reasonable party in the same factual circumstances would have reasonably foreseen litigation, I have some questions about the Li Courts conclusion.

Discovery 130

Discovery Interrogatories Litigation Litigation Support 130

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 2, 2025

Rolling discovery was not permitted: In August 2024, the Magistrate Judge decided that continuous rolling discovery after April or September 2023 would be unduly burdensome based on Defendants representations about it. Rolling discovery differs from rolling production. 26(e) duty to supplement and rolling discovery.

Discovery 130

Discovery Objections Litigation 130

E-Discovery LLC

JANUARY 4, 2025

17, 2024), the court rejected a demand that opposing counsel state under oath that counsel had properly conducted discovery. 26(g) (the stop and think rule regarding discovery) or Rule 37(a)(4) (evasive and incomplete discovery responses) to, or instead of, Rule 11. Trivest Partners L.P., 2024 WL 514015 (E.D. 6, 2024).

Discovery 130

Discovery Pleadings Objections Litigation 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. Nguh’s discovery requests, including requests for his address and phone number.

Discovery 130

Discovery Interrogatories Affidavits Pleadings 130

Discovery Advocate

JANUARY 16, 2024

It is crucial for litigators to carefully consider the terms of an ESI protocol when drafting and before agreeing to it. There are valuable insights to be gained from the case of In re StubHub Refund Litigation , 2023 WL 3092972 (N.D. The ESI protocol is a critical component of the discovery process and should not be underestimated.

Litigation 147

Litigation Discovery 147

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

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.’ Subrin, “Fishing Expeditions Allowed: The Historical Background of the 1938 Federal Discovery Rules,” 39 B.C. Rodriguez v.

Discovery 130

Discovery Objections Evidence Litigation 130

E-Discovery LLC

JANUARY 16, 2025

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

Discovery Arbitration Mediation 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

MARCH 3, 2025

At its most general level, the holding was that a litigant may not invoke the courts to assert their legal rights, then engage in extralegal conduct. In the Courts words, the sanction alleviated prejudice to the employer and signals to Campbell and other litigants that one must deal honestly before the courts. 25, 2025)(Bredar, J.),

Evidence 130

Evidence Discovery Affidavits Pleadings 130

E-Discovery LLC

OCTOBER 16, 2024

When it came to discovery, it wasn’t. Tekvantage and Teknowledgies are not parties to this litigation. 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. Lain also owned Tekvantage, Inc.

Discovery 130

Discovery Subpoenas Depositions Evidence 130

E-Discovery LLC

APRIL 5, 2025

In previous blogs, I addressed decisions holding that Where Requests for Discovery were Overly Broad, No Privilege Log was Required (Oct. 12, 2024); No Privilege Log Is Needed While Scope of Discovery Objections Are Pending (Aug. Baltimore Police Dept., 2025 WL 509130 (D. 24, 2024). See generally Fed.

Discovery 130

Discovery Subpoenas Objections Affidavits 130

E-Discovery LLC

JULY 1, 2024

Frequently, courts deny motions presenting a discovery dispute due to the failure of the moving party to engage in a good faith, pre-filing “meet and confer.” 19, 2024) (“If two sides are battling over nine separate discovery issues for at least five months, a single phone call does not meet their Local Rule 37.2 obligations….

Discovery 130

Discovery Litigation 130

E-Discovery LLC

JULY 3, 2024

June 28, 2024)(unreported), the intermediate appellate court affirmed a discovery sanction in a divorce action. Mrs. Ferko alleged that Mr. Ferko’s discovery responses were inadequate on the issue of marital property. Ferko then filed two more motions to compel asserting that the discovery responses were deficient.

Discovery 130

Discovery Cross-Complaint Evidence Admissibility 130

Law Sites

DECEMBER 9, 2024

Dave Lewis, a data scientist whose four-decade career has established him as a pioneer in artificial intelligence and data analytics in law, has joined the e-discovery and litigation management company Nextpoint as chief scientific officer, where he will lead efforts to develop the next generation of machine learning and generative AI tools throughout (..)

Discovery 130

Discovery Litigation 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 Litigation Exhibits 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

Attorney at Work

APRIL 4, 2024

Ari Kaplan interviews Geoffrey Vance, chair of Perkins Coie's E-Discovery Services and Strategy Group, and Ross Guberman of BriefCatch. The post Judicial Preferences, AI, and Leveraging Technology in Complex Litigation appeared first on Articles, Tips and Tech for Law Firms and Lawyers.

Technology 124

Technology Litigation Discovery 124

E-Discovery LLC

NOVEMBER 1, 2024

Despite several extensions of time, the defendant essentially told the court that it had been too busy to respond to discovery. Plaintiff Orlando sought discovery from defendant HKS. All objections to the discovery at issue, other than privilege, have been waived by the failure to timely respond to the discovery.”

Objections 130

Objections Discovery Pleadings Litigation 130

E-Discovery LLC

AUGUST 3, 2024

July 17, 2024), the court held that no privilege log was required until scope of discovery objections were resolved. The general rule is that a privilege log is due at the time discovery responses are filed. The District Judge warned the parties of the risk involved in failing to raise discovery issues early in the case….

Objections 130

Objections Discovery Healthcare Litigation 130

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.

Depositions 130

Depositions Discovery Evidence Litigation 130

E-Discovery LLC

OCTOBER 13, 2024

The Dale court explained: “The present discovery dispute is about whether three custodians – out of a list of fifty – must be included as part of the defendant’s discovery inquiry. 15, 2024), the court wrote: “Courts have vast discretion in resolving discovery disputes and that often means there’s no right or wrong answer.”

Discovery 130

Discovery Litigation 130

Discovery Advocate

FEBRUARY 23, 2024

Key Takeaway: Under New York law, the attorney-client privilege applies to advice from counsel regarding general legal subjects, even when unsolicited and there is no anticipated litigation or pending action.

Litigation 147

Litigation Discovery Case Law 147

Complex Discovery

SEPTEMBER 16, 2024

Editor’s Note: The acquisition of Novitas Data by Proteus Discovery Group highlights the growing need for comprehensive eDiscovery services in a rapidly expanding market. As organizations face more complex litigation, compliance challenges, and regulatory requirements, the need for integrated eDiscovery services is escalating.

Discovery 96

Discovery Technology Litigation 96