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.

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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.

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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.

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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.

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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.

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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.

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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 (..)

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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.

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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.

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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.

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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.

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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.

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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.

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Discovery Advocate

MAY 21, 2020

As courts and litigants adapt to the new normal by instituting social distancing measures through remote hearings and depositions, how we preserve, collect and produce documents should not be an afterthought. Litigation Holds: How Are Your Custodians Communicating and Saving Documents?

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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….

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Discovery Advocate

MAY 20, 2020

As courts and litigants adapt to the new normal by instituting social distancing measures through remote hearings and depositions, how we preserve, collect and produce documents should not be an afterthought. Litigation Holds: How Are Your Custodians Communicating and Saving Documents?

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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.

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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.

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IP Watchdog

NOVEMBER 15, 2021

The opinion established important principles regarding application of the statute of limitations to the “discovery rule” in a Walker Process antitrust case. Scientific Games Corp., 1:19-cv-1846, 2021 WL 4264403 (N.D. The author’s firm, Freeborn & Peters, was one of the firms representing the plaintiffs.

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Discovery Advocate

MAY 21, 2020

But we wanted to provide some concise guidance to help you think through the information governance and discovery challenges of unexpected large-scale remote access. Perfection in the discovery process is not required or possible. Don’t abandon your thoughtful discovery response programs. Reasonable and proportional efforts are.

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Discovery Advocate

SEPTEMBER 14, 2018

The practice of e-discovery has always incorporated considerations of new and emerging technologies as well as related attorney competence. This focus on the cloud came to a head in the 2014 Brown v.

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E-Discovery LLC

DECEMBER 17, 2024

26(a)(2) governs discovery of expert testimony. The Jackson court cited Ninth Circuit authority for the proposition that the non-testifying expert rule is not intended to impede discovery about testifying experts. Tesla moved to compel the whole ball of wax identity, a deposition, all documents and communications, invoices, etc.

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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.”

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Discovery Advocate

MAY 20, 2020

But we wanted to provide some concise guidance to help you think through the information governance and discovery challenges of unexpected large-scale remote access. Perfection in the discovery process is not required or possible. Don’t abandon your thoughtful discovery response programs. Reasonable and proportional efforts are.

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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.

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Discovery Advocate

APRIL 23, 2018

Also, WP 261 seems to directly consider the e-discovery context when relating Article 49 of the GDPR to Article 48. WP 261 provides some additional, practical advice for the provision of personal data in the context of (now) traditional e-discovery and investigatory practices and transfer.

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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….

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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.

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E-Discovery LLC

NOVEMBER 27, 2024

It is alleged that the documents were then used by the mother in litigation against the sole member of OLPC. Second, Rule 45(d)(2)(B)(ii) protects a nonparty from any “significant expense” incurred in complying with an order to produce discovery. In OLPC , OLPC sued a former employee for alleged misappropriation of trade secrets.

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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.”

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Attorney at Work

AUGUST 25, 2021

Here’s good news: There are now a variety of cutting-edge cloud-based tools available for litigators, ranging from software designed to streamline the pre-trial process to mobile apps created for use in the courtroom. This is because deadlines are an inescapable part of your practice if you’re a litigator.

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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.

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WA Bar News

NOVEMBER 12, 2024

They will require a material change in the way many attorneys practice discovery. This article will explain the changes effected by the rule amendments and, with respect to CR 26, provide context considered by the Civil Litigation Rules Revision Work Group in drafting the proposed amendments to illustrate their impact.

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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.

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Law Sites

MARCH 21, 2024

Ai.law , a legal technology startup that uses artificial intelligence to generate litigation documents, has added a new module that will draft the complaint to initiate a lawsuit. In an email, Troy Doucet , the litigator who founded Ai.law, conceded the language could be “a bit fluffy,” but said it would be toned down over time.

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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?

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E-Discovery LLC

DECEMBER 12, 2024

When I was a Court Appointed ESI Discovery Supervisor for ESI Protocol (Sep. Judge Francis authored Cost-Shifting in E-Discovery, which was published in M. Managing E-Discovery and ESI: From Pre-Litigation Through Trial (ABA 2011). 5, 2024); JAMS: Mediating E-Discovery Can Save Time and Money (Dec. Berman, et al.,

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