Evidence, Litigation and Subpoenas - Trial Strategy Today

What Objections May Be Raised to a Subpoena by a Non-Party?

E-Discovery LLC

OCTOBER 15, 2024

July 22, 2024), the Court addressed the type of objections that a subpoenaed non-party may make. That was a novel issue in Maryland. The Court held “that [nonparty] TST had standing to challenge the subpoena on grounds that some of the requests were overbroad and not relevant to the subject matter involved in the divorce action.”

Subpoenas

Subpoenas Objections Discovery Admissibility

FTC and DOJ Update Guidance Regarding Preservation of Data from Collaboration Tools and Ephemeral Messages

Discovery Advocate

JANUARY 26, 2024

The updates reinforce the “longstanding obligation” to preserve and produce all responsive documents, including data from ephemeral messaging applications that allow messages to disappear or are designed to hide evidence.

Subpoenas

Subpoenas Evidence Litigation Discovery

Service of a “Preservation Notice” in the Forum District Does Not Confer Long-Arm Jurisdiction Over the Out-of-State Sender

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

Subpoenas Litigation Evidence

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Trial Prep: What Attorneys Really Want (And How to Deliver It)

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Defendant’s Failure to Preserve Surveillance Video Supports Waiver of Investigator’s Fact Work Product

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.

Subpoenas

Subpoenas Evidence Witnesses Precedent

Possession, Custody, or Control of Responsive Information by States Suing Meta

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. Meta responded that Rule 34 requests were proper and it should not be forced to serve over 200 subpoenas under Rule 45. 2024), applies the “legal control” standard to Fed.R.Civ.P.

Subpoenas

Subpoenas Discovery Litigation Objections

Citing the Correct Subsection of Fed.R.Evid. 502 is Important

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.

Depositions

Depositions Subpoenas Evidence Discovery

Discovery Dispute: “Both cannot be true.”

E-Discovery LLC

OCTOBER 16, 2024

Tekvantage and Teknowledgies are not parties to this litigation. Krantz issued third-party subpoenas to Tekvantage and Teknowledgies. ESI 101: Don’t Spoliate Evidence That’s Been Photographed (May 7, 2023)(defendants initially denied that a tablet existed; however, there was photographic evidence of it). [2]

Discovery

Discovery Subpoenas Depositions Evidence

Court Declines To Compel Employer To Produce Data from Employees’ Personal Mobile Devices

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

Subpoenas Discovery Litigation Court Rules

Court Declines To Compel Employer To Produce Data from Employees’ Personal Mobile Devices

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

Subpoenas Discovery Litigation Court Rules

The CLOUD Act and the Warrant Canaries That (Sometimes) Live There

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

Cross-Examination Subpoenas Litigation Evidence

Hiding Assets In A Minnesota Divorce: How Courts Address Concealment And Dissipation

SW&L Attorneys Blog

NOVEMBER 8, 2024

Johnson , the court awarded attorney’s fees due to one party’s financial concealment and subversion of the legal process, which prolonged litigation unnecessarily. Subpoena Financial Records. Courts favor transparency, and subpoenaed records often highlight concealment attempts. In Johnson v. File Motions for Protective Orders.

Finance and Banking

Finance and Banking Subpoenas Litigation Evidence

How to avoid overpaying on law firm billing rates

Simple Legal

DECEMBER 15, 2022

Benchmarking also gives you concrete evidence to support rate negotiations with current and potential vendors. For example, ALSP Percipient saved a client around $400,000 just by taking over document review and subpoena compliance for them. Say your outside counsel asks you to increase their hourly billing rate by 10%.

Legal Services

Legal Services Subpoenas Legal Research Objections

The CLOUD Act and the Warrant Canaries That (Sometimes) Live There

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

Cross-Examination Subpoenas Litigation Evidence

What is ECA (Early Case Assessment) and Why is it Important?

Percipient

MARCH 10, 2022

Early case assessment (ECA) provides an opportunity to understand documentary and digital evidence. 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). The results: savings to the tune of almost $400,000.

Discovery

Discovery Evidence Digital Evidence Subpoenas

Overview: The Three Types of Forensic Collections – Physical vs. Logical vs. Targeted

Percipient

FEBRUARY 10, 2022

While evidence and data from mobile devices has long been important in legal projects , requests to collect forensic images from mobile phones, laptops, and the like continue to increase. Creating a logical image of a mobile device is often sufficient for civil litigation matters unless they are highly contentious. Let us know.

Subpoenas

Subpoenas Discovery Litigation Evidence

Fast, Smart, and Empathetic: How DISCO’s Culture Drives Legal Tech Innovation (TGIR Ep. 217)

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. Kristin explained that DISCO’s vision is to create great legal technology that helps lawyers find evidence faster. The hosts also introduced Kristin Zmrhal, who has over 20 years of experience in the legal tech space.

Litigation

Litigation Technology Evidence Discovery

Trial Strategy Today

What Objections May Be Raised to a Subpoena by a Non-Party?

FTC and DOJ Update Guidance Regarding Preservation of Data from Collaboration Tools and Ephemeral Messages

Webinars

Trending Sources

Service of a “Preservation Notice” in the Forum District Does Not Confer Long-Arm Jurisdiction Over the Out-of-State Sender

Webinars

Defendant’s Failure to Preserve Surveillance Video Supports Waiver of Investigator’s Fact Work Product

Possession, Custody, or Control of Responsive Information by States Suing Meta

Citing the Correct Subsection of Fed.R.Evid. 502 is Important

Discovery Dispute: “Both cannot be true.”

Court Declines To Compel Employer To Produce Data from Employees’ Personal Mobile Devices

Court Declines To Compel Employer To Produce Data from Employees’ Personal Mobile Devices

The CLOUD Act and the Warrant Canaries That (Sometimes) Live There

Hiding Assets In A Minnesota Divorce: How Courts Address Concealment And Dissipation

How to avoid overpaying on law firm billing rates

The CLOUD Act and the Warrant Canaries That (Sometimes) Live There

What is ECA (Early Case Assessment) and Why is it Important?

Overview: The Three Types of Forensic Collections – Physical vs. Logical vs. Targeted

Fast, Smart, and Empathetic: How DISCO’s Culture Drives Legal Tech Innovation (TGIR Ep. 217)

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