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Does a Settlement Agreement That is Silent on a Fee Claim Waive a Judicially-Reserved Claim for Attorneys’ Fees Based on a Discovery Violation?

E-Discovery LLC

The issue was whether a subsequent family law settlement agreement that did not expressly reserve a claim to attorneys fees for discovery violations waived that claim when the trial court had reserved ruling on it. In one order, the trial court declined discovery sanctions, but reserved on attorneys fees. Emphasis added].

Discovery 130
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Non-Testifying Consultant Subject to Discovery Where Testifying Expert Relied on Consultant’s Work

E-Discovery LLC

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.

Discovery 130
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Protecting the Judiciary and the Rule of Law

E-Discovery LLC

In response, I have published multiple blogs echoing Judge Grimm: Protecting the Judiciary E-Discovery LLC (Jan. 30, 2025); Marylands Protection of the Judiciary E-Discovery LLC (Apr. 10, 2024); American Bar Association Statement on Threats Against the Judiciary E-Discovery LLC (Apr.

Discovery 162
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Court Denied Unopposed Motions for Protective Order and Approval of ESI Protocol

E-Discovery LLC

MIDDLE DISTRICT PRECEDENT The Orlando Health court cited Middle District Discovery (2021) §VIII (requiring cooperation amongst counsel regarding discovery of ESI and encouraging counsel to discuss protocols for exchange of ESI) and Local Access, LLC v. Discovery Plan” (Jan. Section VIII.F emphasis added]. 13, 2023).

Discovery 130
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“Youth Social Media Judge Threatens Contempt Against State AGs”

E-Discovery LLC

The States and State Attorneys General “object[ed] to treating their respective state agencies as being subject to party discovery and insist[ed] that all of these agencies are third parties from whom Meta should seek documents by subpoenas under Federal Rule of Civil Procedure 45.” quoting Cook v. Meta Platforms, Inc., 2024 WL 4133811 (N.D.

Discovery 130
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Five Great Reads on Cyber, Data, and Legal Discovery for August 2024

Complex Discovery

The publication selects five top articles to keep legal, business, and technology professionals informed about key developments in cyber discovery, data discovery, and legal discovery. The outcome of this case could set significant legal precedents and shape future efforts to regulate AI-driven abuses.

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Legal AI Tools

Lawmatics

E-discovery: Electronic discovery (eDiscovery) includes the identification, collection, and production of electronically stored information (ESI) in legal cases. AI helps automate and accelerate the e-discovery process by quickly sorting through large datasets.