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.

Discovery 130

Discovery Subpoenas Technology Litigation 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

NOVEMBER 11, 2024

non-party TEDCO’s blanket privilege and work product objections to a subpoena were denied; however, it lived to fight another day because the denial was without prejudice to file supported objections after a “meet and confer.” Singleton, issued several non-party subpoenas, including one to ImpactHR. In Singleton v. The plaintiff, Ms.

Objections 130

Objections Subpoenas Discovery Litigation 130

Discovery Advocate

JUNE 8, 2023

In re Pork Antitrust Litig. , Further, employers should examine their bring-your-own-device (BYOD) policies to ensure that what is or is not company data is well defined according to their business, regulatory and litigation needs. In In re Pork Antitrust Litig. , 18-cv-2022 WL 972401 (D.

Subpoenas 130

Subpoenas Discovery Litigation Court Rules 130

Discovery Advocate

JUNE 7, 2023

In re Pork Antitrust Litig. , Further, employers should examine their bring-your-own-device (BYOD) policies to ensure that what is or is not company data is well defined according to their business, regulatory and litigation needs. In In re Pork Antitrust Litig. , 18-cv-2022 WL 972401 (D.

Subpoenas 130

Subpoenas Discovery Litigation Court Rules 130

Discovery Advocate

JANUARY 26, 2024

While documents created through use of modern collaboration tools and ephemeral messaging applications have long been covered by FTC and DOJ document requests, “companies have not always properly retained these types of documents during government investigations and litigation.”

Subpoenas 147

Subpoenas Evidence Litigation Discovery 147

E-Discovery LLC

NOVEMBER 14, 2024

“Preservation notices” are routinely sent to a potential opposing party in order to trigger the common-law duty to preserve potentially responsive information by putting the recipient on notice that litigation should be anticipated. Often, it may be necessary to send them to a potential litigant located in another State.

Subpoenas 130

Subpoenas Litigation Evidence 130

E-Discovery LLC

DECEMBER 19, 2024

In In re Outpatient Medical Center Employee Antitrust Litigation , 2024 WL 4679083 (N.D. 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. 5, 2024), the court explained the application of Subsections (b) and (d) of Fed.R.Evid.

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Depositions Subpoenas Evidence Discovery 130

Discovery Advocate

FEBRUARY 20, 2023

Summary of the Case: The Supreme Court, which had initially agreed to consider a circuit split on a privilege issue that commonly arises in discovery, reversed course and dismissed the writ of certiorari as “improvidently granted”—meaning the Supreme Court will not resolve the circuit split this term. In re Grand Jury , 23 F.4th 3d 754 (D.C.

Subpoenas 130

Subpoenas Discovery Litigation 130

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. 22, 2023). [1]

Subpoenas 130

Subpoenas Evidence Witnesses Precedent 130

Discovery Advocate

NOVEMBER 26, 2018

Microsoft litigation, in which Microsoft had argued that it was not required to provide access to its users’ private data stored on Dublin servers. Supreme Court to drop the pending Microsoft litigation as moot, as the DOJ could (and did) alternatively use the CLOUD Act to issue a new warrant for the data held by Microsoft in Dublin.

Cross-Examination 130

Cross-Examination Subpoenas Litigation Evidence 130

SW&L Attorneys Blog

AUGUST 5, 2024

Unlike traditional divorce litigation, which often pits spouses against each other in a courtroom setting, collaborative law encourages open communication and problem-solving. Preserving Assets: The contentious litigation process can raise emotions and ultimately prolong negotiations, leading to increased legal fees and court costs.

Discovery 74

Discovery Construction Litigation Subpoenas 74

Percipient

MARCH 10, 2022

” While ECA is often associated with electronic discovery and the early analysis of electronically stored information (ESI), its scope should not be so limited. Early examination of facts, data and ESI may reveal helpful information not readily apparent that may ultimately strengthen a litigant’s position (or expose weakness).

Discovery 52

Discovery Evidence Digital Evidence Subpoenas 52

Discovery Advocate

NOVEMBER 25, 2018

Microsoft litigation, in which Microsoft had argued that it was not required to provide access to its users’ private data stored on Dublin servers. Supreme Court to drop the pending Microsoft litigation as moot, as the DOJ could (and did) alternatively use the CLOUD Act to issue a new warrant for the data held by Microsoft in Dublin.

Cross-Examination 100

Cross-Examination Subpoenas Litigation Evidence 100

Percipient

FEBRUARY 10, 2022

Creating a logical image of a mobile device is often sufficient for civil litigation matters unless they are highly contentious. Pros of targeted forensic collections: speeds up e-discovery process because of less processing time. Basically, a logical device collection isolates only “active” files on a device. Let us know.

Subpoenas 40

Subpoenas Discovery Litigation Evidence 40

3 Geeks and a Law Blog

AUGUST 29, 2023

In her current role, Katie focuses on leveraging technology like AI to improve the litigation process for lawyers. Their product suite now covers the entire litigation lifecycle, from intake to discovery to case management. The hosts also introduced Kristin Zmrhal, who has over 20 years of experience in the legal tech space.

Litigation 59

Litigation Technology Evidence Discovery 59

E-Discovery LLC

OCTOBER 28, 2024

In doing so, FGH propounded discovery. In pertinent part, FGH served 20 subpoenas on third-party financial institutions. 2005); see also In re Grand Jury Subpoena John Doe, No. Breach Litig., Defendants have not plausibly asserted any privilege, proprietary interest, or personal interest in the subpoenaed matter.

Subpoenas 130

Subpoenas Objections Discovery Litigation 130