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

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

OCTOBER 22, 2024

The State’s newly-minted objections to the deposition topics come far too late , and are not persuasive.” Washington’s “newly-minted” objection asserted that “the entire notice is overbroad and unduly burdensome….” Courts generally insist on timely presentation of discovery disputes. Discovery Guideline 1.f).

Objections 130

Objections Depositions Discovery Witnesses 130

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. They produced documents and a privilege log, but objected to a deposition. OLPC raised three objections, none of which was successful. See generally: Who Can Object to a Subpoena? 1821(b) and 28 U.S.C.

Subpoenas 130

Subpoenas Discovery Depositions Objections 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

WA Bar News

NOVEMBER 12, 2024

1 The amendments to CR 26 affect objections, supplementation, and disclosure of experts. They will require a material change in the way many attorneys practice discovery. CR 26(e), as amended, now imposes a self-executing duty to supplement and/or correct all discovery responses. (e) Amendments to CR 30 adopted effective Oct.

Depositions 105

Depositions Discovery Objections Exhibits 105

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

OCTOBER 2, 2024

Defendant Hirschbach added the following to its work product objection: Beyond this, Hirschbach objects to this request because it is overbroad, vague and ambiguous. Plaintiff responded that the videos were not created in anticipation of litigation and therefore they are not protected work product.

Admissibility 130

Admissibility Discovery Objections Interrogatories 130

E-Discovery LLC

DECEMBER 21, 2024

Discovery Plan The ESI Protocol: Your Word is Your Bond Or, Is It? Boilerplate Objections Are Generally Condemned; Except When Theyre Not Citing the Correct Subsection of Fed.R.Evid. Boilerplate Objections Are Generally Condemned; Except When Theyre Not Citing the Correct Subsection of Fed.R.Evid.

Admissibility 130

Admissibility Witnesses Discovery Mediation 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

JUNE 24, 2024

2010)(emphasis added); see, e.g., Court Excused Party From Waiver by Failure to Provide Specific Objections (Aug. Furthermore, even when privilege objections are timely asserted, the failure to produce a proper privilege log generally constitutes waiver of the privilege objections.” In Bautech USA, Inc. Resolve Equip.,

Interrogatories 130

Interrogatories Objections Discovery Litigation 130

E-Discovery LLC

OCTOBER 18, 2024

The court wrote that: The Document Requests called for Bedford to produce documents in a specified format consistent with the Stipulated Protective Order and the E-Discovery Stipulation and to provide specified information regarding responsive documents that were destroyed, lost or otherwise unavailable (“destruction/ unavailable log).

Discovery 130

Discovery Objections Litigation Trial Preparation 130

E-Discovery LLC

MAY 31, 2024

This case is, in part, a trade secret case involving alleged misappropriation of source code, so requests seeking production of source code and related data are an expected part of discovery…. The court proceeded to resolve a number of other discovery issues. 1, 2023)( untimely discovery objection was waived); cf.

Interrogatories 130

Interrogatories Discovery Counterclaim Objections 130

E-Discovery LLC

JULY 9, 2024

An in camera review is not appropriate merely because a party objects to assertions of privilege. And, a mere objection, or even a suspicion, is not a basis upon which the parties can shift a burden to the Court that they should bear themselves. For example, a “knee-jerk, boilerplate objection about undue burden,” has failed.

Objections 130

Objections Discovery Litigation Insurance 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.” Wiegand objected. 16, 2024)(Bredar, J.),

Discovery 130

Discovery Objections Admissibility Expert Testimony 130

E-Discovery LLC

NOVEMBER 25, 2024

12, 2024), discussing In Re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation , 2024 WL 4125618 (N.D. The court applied the “legal right” test for what was in the litigants’ possession, custody and control under Fed.R.Civ.P.34. emphasis added]. It will be interesting to see how they are resolved.

Discovery 130

Discovery Subpoenas Litigation Precedent 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., It moved to compel production.

Subpoenas 130

Subpoenas Discovery Litigation Objections 130

Attorney at Work

SEPTEMBER 15, 2022

Offering a legal service is, of course, quite different from developing a new disinfectant, or building a software application or a material object. As law students, few litigators imagined themselves transitioning into project management roles after passing the bar. An Accidental Project Manager. DOWNLOAD THE GUIDE.

Trial Preparation 281

Trial Preparation Case Management Discovery Litigation 281

E-Discovery LLC

NOVEMBER 13, 2024

It includes reports run for an opposing litigant, as part of a cooperative process to refine search requests; and, reports run for internal analysis. In short, the scope of discovery limits what must be produced. Wolfe, A Nutshell on Negotiating E-Discovery Search Protocols , 11 Sedona Conf. See generally Jason R. 229 (2010).

Discovery 130

Discovery Litigation Objections Case Law 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

E-Discovery LLC

AUGUST 13, 2024

The Court “presided over a discovery dispute hearing related to Plaintiff’s motions to compel interrogatory requests and requests for production of documents, and related to a motion for a protective order filed by the Defendant.” Sometimes Discovery Disputes Do Not Bring Out the Best in Us – Part II (Jun. 7, 2024)(Simms, J.),

Discovery 130

Discovery Depositions Interrogatories Objections 130

E-Discovery LLC

AUGUST 27, 2024

21, 2024), the court wrote: “Before the Court are a litany of motions to seal exhibits to contemporaneously filed briefing on discovery disputes.” One litigant, RNDC, moved to seal certain exhibits to its response to a motion, including a privilege log. This blog was initially posted on Electronic Discovery Reference Model.

Exhibits 130

Exhibits Discovery Privileged Communication Objections 130

Discovery Advocate

APRIL 6, 2018

Peck in 2012, an entire legal industry has grown up on the premise of streamlining the document review process in discovery – that is, taking a repetitive task traditionally performed entirely by attorneys and introducing the concept of computer assistance to increase efficiency and improve consistency.

Technology 130

Technology Discovery Objections Case Law 130

E-Discovery LLC

JULY 6, 2024

21, 2020) (finding the defendant’s exceptionally broad discovery requests violated Fed. Charles Fax, and Paul Sandler, described the flaws in that type of request in “Maryland Discovery Problems and Solutions” (Md. emphasis added]. I suggest that the alternative approach is well-supported. A year before my blog, The Hon. Grimm (ret.),

Interrogatories 130

Interrogatories Discovery Objections Litigation 130

E-Discovery LLC

SEPTEMBER 27, 2024

One of many discovery disputes involved the scope of protective order. On the opposite side of the spectrum are umbrella protective orders, which provide for the designation of all discovery as protected without any screening by either the parties or the court…. Exxon Mobile Corp., 2024 WL 4249229 (M.D. Local Rule 105.11

Discovery 130

Discovery Pleadings Exhibits Objections 130

IP Watchdog

SEPTEMBER 6, 2023

Patent and Trademark Office (USPTO) of using the America Invents Act (AIA) process to extort money, PQA argues that its failure to respond to mandated discovery and its alleged misrepresentations regarding exclusive retainer of an expert witness should not result in an attorneys’ fees award as compensatory damages to patent owner VLSI.

Discovery 69

Discovery Objections Witnesses Litigation 69

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. 4, 2023); Discovery About Discovery – When Was Duty to Preserve Triggered? Giant objected….”); Steamfitters Loc. at *7 (emphasis added).

Evidence 130

Evidence Discovery Objections Litigation 130

E-Discovery LLC

AUGUST 22, 2024

Remington objected, and appealed, based on its long-standing, neutral document destruction policy. 663, 679 (2012); Robert Hardaway, et al. , “E-Discovery’s Threat to Civil Litigation: Reevaluating Rule 26 for the Digital Age,” 63 Rutgers L. Aldridge: Making the Spoliation Instruction A Litigation Unicorn,” 3 Tex.

Discovery 130

Discovery Litigation Evidence Objections 130

E-Discovery LLC

DECEMBER 19, 2024

In In re Outpatient Medical Center Employee Antitrust Litigation , 2024 WL 4679083 (N.D. Objections were due by July 10 th. Plaintiffs contended that SCA did nothingsuch as objecting or filing a motion to quashsince it received notice of the Subpoena. Fanning on March 29, 2024. Pursuant to Fed.

Depositions 130

Depositions Subpoenas Evidence Discovery 130

Complex Discovery

SEPTEMBER 19, 2024

AI-enabled workflows are proving essential in addressing these issues by streamlining the discovery and review of electronically stored information (ESI). With AI-enabled workflows, legal professionals can overcome these challenges while accelerating and streamlining the discovery and review of electronically stored information (ESI).

Education 59

Education Discovery Technology Litigation 59

E-Discovery LLC

DECEMBER 8, 2024

While it is not clear to me, it appears that the exhibits were primarily expert reports in other litigation. The Court will not rule upon the motion until at least fourteen (14) days after it is entered on the public docket to permit the filing of objections by interested parties. BP raised other issues. Wexford Health Sources, Inc.

Exhibits 130

Exhibits Pleadings Precedent Objections 130

IP Watchdog

OCTOBER 5, 2023

While the Plaintiffs acknowledge in their complaint that Artificial Intelligence (AI) has the potential to create life-saving technologies and herald discoveries that could improve our daily lives, they claim OpenAI crossed the line of using altruistic means of reaching its objective when it abruptly restructured itself into a for-profit business.

Cross-Complaint 121

Cross-Complaint Objections Discovery Technology 121

E-Discovery LLC

JUNE 20, 2024

Managing E-Discovery and ESI: From Pre-Litigation Through Trial” (ABA 2011), 355-58. Two defendants sought discovery of communications between the plaintiff and the government. In an ESI Protocol or discovery plan? See Categorical Privilege Logs: Don’t Shoot a Mouse with an Elephant Gun (Mar. 17, 2021). Berman, et al.,

Privileged Communication 130

Privileged Communication Discovery Burden Of Proof Litigation 130

WA Bar News

JUNE 11, 2024

In this column, we’ll address a narrower, but more common, subset of deposition misconduct that the ABA opinion touches on: improper “coaching” during depositions and improper objections intended to impede the questioner. All objections shall be concise and must not suggest or coach answers from the deponent. Washington RPC 4.4(a)

Depositions 98

Depositions Witnesses Objections Discovery 98

E-Discovery LLC

AUGUST 31, 2024

These videos were admitted into evidence without objection and were contained in about 30 video exhibits. Over objection, Lieutenant McDonald testified that he focused on one of the suspects who wore distinctive attire. The court admitted the composite video over objection. before the shooting; on Pleasant Street at 12:17 a.m.

Admissibility 130

Admissibility Exhibits Evidence Cross-Examination 130

Complex Discovery

OCTOBER 7, 2024

During this time, Novoa has performed civil and criminal investigations and provided litigation support and forensic analysis for seven years. Core offerings include Global Advisory, Data Discovery Intelligence, HaystackID Core® Platform, and AI-enhanced Global Managed Review powered by its proprietary platform, ReviewRight®.

Education 102

Education Discovery Litigation Support Objections 102