E-Discovery LLC

OCTOBER 12, 2024

Because the discovery requests were so “overly broad,” the court held that no privilege log was required on the overbroad requests. July 17, 2024), the court held that no privilege log was required until scope of discovery objections were resolved. It then specified what must be produced.

Discovery 130

Discovery Objections Healthcare 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

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

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.’ The court wrote: “Not surprisingly, discovery in this case, like ‘the course of true love, [has been anything but] smooth.’

Discovery 130

Discovery Objections Evidence Litigation 130

E-Discovery LLC

MAY 27, 2024

In response, “the prosecutor proffered that Sandhu was named in the supplemental discovery documents, which had been disclosed several weeks before the start of trial, but candidly acknowledged that the State had not indicated its intention to call Sandhu as a witness at that time. He asserted self defense. Standford v. State , 416 Md.

Discovery 130

Discovery Cross-Examination Witnesses Admissibility 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

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. 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. Illustration © Getty/benjamin lourenço BY DAN BRIDGES On Sept.

Depositions 66

Depositions Discovery Objections Exhibits 66

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.” There is nothing wrong with a little humor to provide a break in the monotony of this long and tedious discovery war.” June 17, 2024).

Discovery 130

Discovery Interrogatories Exhibits 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

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. Next , the court overruled the improper boilerplate objections. 26, 2024). _ [1] I will soon be posting an updated blog on boilerplate objections.

Admissibility 130

Admissibility Discovery Objections Interrogatories 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

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

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

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 25, 2024

Sometimes Discovery Disputes Do Not Bring Out the Best in Us , quoting M1 Holdings, Inc. Discovery requests should be specific. “Old” Sedona Paper Implements the “Specificity” Provision of Discovery Responses (Dec. New Sedona Primer Implements the “Bull’s Eye View” of Discovery Requests (Dec. Members 1st Fed.

Objections 130

Objections Discovery Manufacturing 130

E-Discovery LLC

AUGUST 16, 2024

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. But that’s not true.” emphasis added]. However: The Court is not going to do that.

Interrogatories 130

Interrogatories Discovery Depositions Litigation 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

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

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

NOVEMBER 13, 2024

The majority rule is based on the principle that all discovery is limited by concepts of relevance and proportionality, and that no litigant should be compelled to produce an irrelevant document merely because it “hit” on a keyword. In short, the scope of discovery limits what must be produced. See generally Jason R. 229 (2010).

Discovery 130

Discovery Litigation Objections Case Law 130

E-Discovery LLC

SEPTEMBER 12, 2024

34 discovery requests propounded by defendant Meta Platforms, Inc., The choice of the test may, and often does, impact the outcome of a discovery dispute. 2024), applies the “legal control” standard to Fed.R.Civ.P. seeking documents from non-party State agencies in a lawsuit brought by 35 State plaintiffs. [1] 467, 482-92 (2016).

Subpoenas 130

Subpoenas Discovery Litigation 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

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

JULY 22, 2024

The ESI Protocol had several important clauses: “The agreed ESI Protocol Order allows the parties to provide a metadata-only privilege log with objective fields such as the date, sender and recipient, email subject or file name, and custodian, and without any privilege description.” “The Discovery Plan” (Jan.

Objections 130

Objections Discovery Precedent 130

E-Discovery LLC

MAY 30, 2024

PNI objected to discovery in part by asserting several privileges. Yet, despite Resolve’s repeated requests, PNI did not produce a privilege log for another two months – and even then, only after Resolve had requested a discovery hearing and on the afternoon of the day the parties’ positions on the dispute were due to the Court.

Discovery 130

Discovery Depositions Objections 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

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.” 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. Distributing Co.,

Exhibits 130

Exhibits Discovery Privileged Communication Objections 130

E-Discovery LLC

JULY 8, 2024

Plaintiffs moved to compel production of documents after an in-person meet and confer to attempt resolution, and after counsel “ participated in an informal discovery conference with the undersigned’s Judicial Law Clerk regarding the dispute. ” Therefore, it overruled the objection. at *1 (emphasis added). at *2, 5 (emphasis added).

Affidavits 130

Affidavits Discovery Objections Evidence 130

MyCase

MAY 9, 2023

Manually managing discovery requests is one of the more time-consuming and tedious aspects of litigation. Discovery can suck up hours of billable time that can be better spent elsewhere. EsquireTek is an automation tool built for legal professionals to streamline the process of responding to discovery requests.

Discovery 40

Discovery Litigation Objections Technology 40

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. Giant of Maryland, LLC , 477 Md.

Evidence 130

Evidence Discovery Objections 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 97

Depositions Witnesses Objections Discovery 97

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

Complex Discovery

JUNE 17, 2024

This survey, now in its twelfth edition with 837 participants in the previous eleven editions, continues to serve as a vital benchmark, enabling legal professionals to make informed decisions that align with economic realities and strategic objectives.

Government and Public Sector 115

Government and Public Sector Objections Discovery Technology 115

Complex Discovery

OCTOBER 7, 2024

Core offerings include Global Advisory, Data Discovery Intelligence, HaystackID Core® Platform, and AI-enhanced Global Managed Review powered by its proprietary platform, ReviewRight®. About HaystackID® HaystackID solves complex data challenges related to legal, compliance, regulatory, and cyber events.

Education 102

Education Discovery Litigation Support Objections 102

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

AUGUST 20, 2024

Cohen Partner, Reed Smith, LLP David Cohen is the chair of Reed Smith’s Records & E-Discovery (RED) Group and a member of the Emerging Technologies group. Mack is the author of A Process of Illumination: The Practical Guide to Electronic Discovery , considered by many to be the first popular book on eDiscovery.

Education 72

Education Discovery Litigation Technology 72