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

JANUARY 2, 2025

Plaintiff Spivey served a subpoena on non-party API. The Spivey court, however, looked to the litigants agreement. And Rule 45 simply does not require a party to create new documents to respond to a subpoena, and imposing an obligation to create a log of every irrelevant/nonresponsive document is unduly burdensome. 29, 30, 33.

Subpoenas 130

Subpoenas Objections Discovery 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. Meta responded that Rule 34 requests were proper and it should not be forced to serve over 200 subpoenas under Rule 45. The court wrote: “In all thirty-two cases, the State itself is a party to the suit.

Discovery 130

Discovery Subpoenas Litigation Precedent 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

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

E-Discovery LLC

OCTOBER 16, 2024

Tekvantage and Teknowledgies are not parties to this litigation. Krantz issued third-party subpoenas to Tekvantage and Teknowledgies. Kranz, a former employer, sued Kimberly Lain, a former employee, alleging misuse of confidential information. Lain also owned Tekvantage, Inc. Her husband, Timothy Dowerty, owned Teknowledgies, LLC.

Discovery 130

Discovery Subpoenas Depositions Evidence 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

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 130

Depositions Subpoenas Evidence Discovery 130

Discovery Advocate

FEBRUARY 20, 2023

Later served with a grand jury subpoena in connection with a criminal investigation of this client, the firm withheld some communications containing both legal and business tax advice. 1999), that “a document prepared for use in preparing tax returns and for use in litigation” is not privileged no matter how significant the legal purpose.

Subpoenas 130

Subpoenas Discovery Litigation 130

E-Discovery LLC

FEBRUARY 11, 2025

It also addressed the cell phone provider: Finally, Plaintiff shall provide her authorization to allow T-Mobile (her cell carrier) to produce information in response to Defendants subpoena to T-Mobile by February 14, 2025. The plaintiffs spoliation motion was denied for the same reasons that the defense motion was denied. [3]

Cross-Examination 130

Cross-Examination Cross-Complaint Discovery Subpoenas 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

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.

Finance and Banking 79

Finance and Banking Subpoenas Litigation Evidence 79

Discovery Advocate

MAY 20, 2020

Remind employees that even remote work creates business records and communications that could be subject to preservation requirements and are discoverable in litigation and in response to regulatory inquiries. For example, teleworking employees could see subpoenas seeking corporate information they can access remotely.

Discovery 130

Discovery Subpoenas Technology Litigation 130

Discovery Advocate

MAY 21, 2020

Remind employees that even remote work creates business records and communications that could be subject to preservation requirements and are discoverable in litigation and in response to regulatory inquiries. For example, teleworking employees could see subpoenas seeking corporate information they can access remotely.

Discovery 130

Discovery Subpoenas Technology Litigation 130

Simple Legal

DECEMBER 15, 2022

For example, ALSP Percipient saved a client around $400,000 just by taking over document review and subpoena compliance for them. More legal departments are bringing work in-house for tasks such as due diligence, legal research, labor and employment, intellectual property matters, and litigation case management.

Legal Services 130

Legal Services Subpoenas Legal Research Case Management 130

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

SW&L Attorneys Blog

FEBRUARY 13, 2025

Civil litigation cases involve a wide variety of topics: contracts, business disputes, construction, negligence, personal injury, contested probates, family law, and more. A general rule of thumb: if the case does not involve criminal charges or juveniles, its probably civil litigation. Contributor: Lee Grossman What Is a Deposition?

Depositions 52

Depositions Witnesses Pretrial Motions Litigation 52

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 77

Discovery Construction Litigation Subpoenas 77

Percipient

MARCH 10, 2022

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). For instance, we examined the work we did over an 18 month period for a client for which we handle subpoena compliance and managed document review.

Discovery 52

Discovery Evidence Digital Evidence Subpoenas 52

Practice of Law

OCTOBER 10, 2024

In response to a subpoena, Google revealed that the IP address for all of the reviews claiming poor communication were actually from two people in Ohio. However, three-star reviews with no other statements were opinions that could not be litigated. The reviews claimed to be from separate people from the Houston area.

Subpoenas 45

Subpoenas Litigation 45

Percipient

FEBRUARY 10, 2022

Creating a logical image of a mobile device is often sufficient for civil litigation matters unless they are highly contentious. Other Articles You May Like Employee Theft Investigation: a Digital Forensics Case Study When Must Litigant Provide Computer to Opponent for Examination? Need Help With a Forensic Collection? Let us know.

Subpoenas 40

Subpoenas Discovery Litigation Evidence 40

Complex Discovery

FEBRUARY 6, 2025

In addition, well discuss how advanced and simple eDiscovery and document review strategies can address specific construction industry challenges, including: Large data sets, subpoena responses, delay claims, defect investigations and litigations, cost overruns, multi-party contract disputes, and regulatory compliance issues.

Construction 52

Construction Education Technology Discovery 52

Percipient

APRIL 22, 2023

Your company received a document subpoena in a legal dispute in which it is not involved. If the subpoena issued is in federal litigation, your company is likely responsible for the cost of compliance, especially if it has a connection to the litigation. Who covers the expense in responding to it? In United States v.

Subpoenas 97

Subpoenas Discovery Litigation Court Rules 97

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.

Technology 59

Technology Litigation Evidence Discovery 59

Complex Discovery

JANUARY 18, 2025

For disputes and investigations, it supports legal teams leveraging advanced technology to streamline litigation, manage regulatory requests, and efficiently address complex investigations. Use cases include litigation, regulatory requests, third-party subpoenas, and internal investigations.

Energy and Utilities 52

Energy and Utilities Technology Subpoenas Litigation 52

E-Discovery LLC

OCTOBER 28, 2024

In pertinent part, FGH served 20 subpoenas on third-party financial institutions. The Court wrote that: Under Rule 45, a party ordinarily “does not have standing to challenge a subpoena issued to a nonparty unless the party claims some personal right or privilege in the information sought by the subpoena.” Breach Litig.,

Subpoenas 130

Subpoenas Objections Discovery Litigation 130

E-Discovery LLC

JANUARY 29, 2025

1958) (Discovery rules dealing with depositions and subpoenas are in pari materia to Rule 34, dealing with document production). Any other result would, in my opinion, completely frustrate the time limits contained in the Federal Rules and give a license to litigants to ignore the time limits for discovery without any adverse consequences.

Interrogatories 130

Interrogatories Objections Discovery Precedent 130