E-Discovery LLC

MAY 25, 2025

In MD committee advances rule to shield judges personal info (Daily Record May 22, 2025), Rachel Konieczny reported on approval by the Maryland Standing Committee of Rules of Practice and Procedure of a new rule intended to bolster protections for judges seeking to shield their personal information from the public. The Daily Record reports that: The new rule, 16-942, extends the protections of the Judge Andrew F.

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E-Discovery LLC

MAY 24, 2025

Marris Hoffee and Michael Berman Milne v. ProAll Intl. Mfg., Inc., 2025 WL 1374124 (C.D. Cal. May 12, 2025), presents an unremarkable holding arising from remarkable facts. Plaintiffs brought tort claims, including fraud, against Defendants and later filed a motion for discovery sanctions. Under the courts local rules, such motions require a good faith conference and other procedures before filing a discovery motion.

Discovery 130

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E-Discovery LLC

MAY 23, 2025

Marris Hoffee [1] and Michael Berman Milne v. ProAll Intl. Mfg., Inc., 2025 WL 1374125 (C.D. Cal. May 12, 2025), addresses the relationship between ESI Protocols and production of text message strings. The Milne court denied a motion to compel further responses to requests for production. The court recited the general principles governing discovery and requests for production.

Discovery 130

Discovery Evidence Court Rules Objections 130

E-Discovery LLC

MAY 22, 2025

In NJ Court Rules Police Geofence Warrants Are Constitutional (Bloomberg Law May 20, 2025), Alex Ebert reported that a New Jersey intermediate appellate court upheld a geofence warrant, within specified limits. Discussing those limits, Mr. Ebert wrote: That framework allows for a big funnel at the beginning of the process, and only requires police to have specificity when seeking to strip anonymity in the data from providers further in the process.

Evidence 130

Evidence Witnesses Forensic Evidence Technology 130

E-Discovery LLC

MAY 20, 2025

Mayor & City Council of Baltimore v. Lambert , __ Md. App. __, 2025 WL 1291491 (Appl. Ct. Md. May 5, 2025), addressed the important issue of apex depositions in the governmental context. Plaintiffs, a parent and a school-age minor, in a personal injury claim against a school system sought the depositions of nine high-ranking government employees.

Depositions 130

Depositions Discovery Burden Of Proof Witnesses 130

E-Discovery LLC

MAY 19, 2025

In Cooper v. Baltimore Gas & Electric Co., 2025 WL 1416943 (D. Md. May16, 2025)(Coulson, J.), the Court did justice and partially rescued a party that overreached by moving for sanctions under Rule 37(e)(2) while not making an alternative, belts and suspenders request under Rule 37(e)(1). Defendants moved for game ending sanctions under Fed.R.Civ.P. 37(e)(2); however, the United States Magistrate Judge recommended that the motion be denied.

Evidence 130

Evidence Discovery Jury Instructions Litigation 130

E-Discovery LLC

MAY 18, 2025

In Adams-Devonish v. KEHE Distributors , 2025 WL 1413282 (D. Md. May 15, 2025)(Aslan, J.), a pro se plaintiff sued for alleged discrimination. Plaintiffs renewed motion for sanctions was denied for several reasons. First , the Court declined to entertain a repetitive motion. It wrote: The Court has ordered production of the redacted materials, which has been completed and, as the pending motion and exhibits thereto make clear, Mr.

Burden Of Proof 130

Burden Of Proof Discovery Exhibits Court Rules 130

E-Discovery LLC

MAY 17, 2025

In Hall v. Warren, 2025 WL 1392294 (W.D.N.Y. May 14, 2025), the parties attempted to develop an ESI Protocol. When they were unable to do so, they submitted competing suggestions, and, the United States Magistrate Judge then issued a Protocol and Order Governing Discovery (the ESI Order) establishing such a protocol. The City Defendants objected to the ESI Order.

Objections 130

Objections Litigation Discovery Evidence 130

E-Discovery LLC

MAY 16, 2025

In Lacey v. State Farm General Ins. Co., 2025 WL 1363069 (C.D. Cal. May 5, 2025), plaintiff submitted a filing with erroneous AI-generated citations. The Special Master pointed out some of them. The plaintiff resubmitted a corrected filing; however, that second submittal still contained erroneous citations. Two strikes and youre out. The Special Master wrote: [T]hey had the information and the chance to fix this problem, but didnt take it.

Admissibility 130

Admissibility Litigation Discovery Legal Research 130

E-Discovery LLC

MAY 15, 2025

In MyPillow CEO Can’t Delay Defamation Trial Over Atty AI Errors – Law360 (May 14, 2025), Dorothy Atkins wrote that the Judge denied MyPillow CEO Mike Lindell’s request to continue a defamation jury trial set for early June, finding her threat of discipline and media attention over mistakes stemming from defense counsel’s use of artificial intelligence in drafting briefs don’t warrant delaying trial in the lawsuit.

Voir Dire 130

Voir Dire Trial Preparation 130

E-Discovery LLC

MAY 14, 2025

We the Protestors , Inc. v. Sinyangwe , 348 F.R.D. 175 (S.D.N.Y. Dec. 18, 2024), makes several important points about the relationship between ESI Protocols and redaction of produced documents. The decision begins: Before the Court is a discovery dispute that underscores the importance of counsel fashioning clear and comprehensive agreements when navigating the perils and pitfalls of electronic discovery.

Discovery 130

Discovery Evidence Litigation Objections 130

E-Discovery LLC

MAY 12, 2025

In Skeans v. Atlantic Marine Corps Communities, LLC , 2025 WL 1298299 (D.S.C. May 5, 2025), the privilege logging term of the parties ESI Protocol did not determine when privilege logs for non-ESI material had to be provided. In short, the ESI Protocol applied only to ESI. The present suit arises from Defendants operation of the Laurel Bay military housing community.

Interrogatories 130

Interrogatories Discovery Objections 130

E-Discovery LLC

MAY 11, 2025

The date on which the duty to preserve is triggered is foundational to application of the spoliation doctrine. [1] It was addressed in Valmarc Corp. v. Nike, Inc., 2024 WL 5112441 (D. Or. 12/31/2024). Defendants, Nike and Converse, filed a motion requesting a determination that plaintiff Valmarc d/b/a Vi3 had spoliated evidence. Vi3s Complaint alleged in part that defendants had misappropriated Vi3s anti-counterfeiting technology.

Discovery 130

Discovery Litigation Evidence Admissibility 130

E-Discovery LLC

MAY 7, 2025

In U.S. v. Chatrie , __ Fed. 4 th __, 2025 WL 1242063 (4 th Cir. Apr. 30, 2025)(en banc), the Court issued a per curiam affirmance of the District Courts geofence decision. Fourteen judges joined in that decision. There were eight concurring opinions and one dissent. [1] Chief Judge Diaz wrote a concurring opinion. [2] Judge Wilkinson wrote a concurring opinion, in which Judge Niemeyer, Judge King, Judge Agee, and Judge Richardson joined. [3] Judge Niemeyer wrote a concurring opinion. [4] Judge

Precedent 130

Precedent Technology Evidence Affidavits 130

E-Discovery LLC

MAY 6, 2025

In a Reuters Special Report, five journalists wrote These judges ruled against Trump. Then their families came under attack. | Reuters (May 2, 2025). Former Judges are speaking out. Jacquelin Thomsen, published Ex-Judges See Intimidation in Trump DOJ Arrest of Judge (Bloomberg Law May 5, 2025). She reports that a group of over 150 former federal and state judges have said that the arrest of a Wisconsin Judge is attempt to intimidate the judiciary.

Pleadings 130

Pleadings Litigation 130

E-Discovery LLC

MAY 5, 2025

In MyPillow Attys Blame Filing Error After Judge Suspects AI Use – Law360 (Apr. 28, 2025), Andrea Keckley reported that: Attorneys representing MyPillow CEO Mike Lindell in a defamation lawsuit from a former Dominion Voting Systems Corp. executive have told a Colorado federal judge that a February brief the court suspected of being written with AI was a rough draft filed by mistake.

Trial Preparation 130

Trial Preparation Case Law Pleadings 130

E-Discovery LLC

MAY 3, 2025

The Article III Coalition issued A Call to Preserve the Independence of the Judiciary. The Coalitions website displays important quotations from Alexander Hamilton, Ben Franklin, former Presidents Ronald Reagan and Dwight Eisenhower, and, the late Justice Sandra Day OConnor. The website also includes an Open Letter From Americas Former Federal Judges.

Discovery 219

Discovery Education 219

E-Discovery LLC

APRIL 30, 2025

E-discovery blazed across the litigation sky more than two decades ago. There were several reasons: As a starting point, what is ESI? Forensic expert Craig Ball, Esq., notes that the Federal Rules of Civil Procedure use the term electronically stored information, but do not define it. C. Ball, Electronic Discovery Workbook (2019), 47 n. 11 (hereinafter 2019 Workbook).

Discovery 130

Discovery Litigation Admissibility Evidence 130

E-Discovery LLC

APRIL 23, 2025

In Abrego-Garcia v. Noem , __ F.R.D. , 2025 WL 1166402 (D. Md. Apr. 22, 2025)(Xinis, J.), plaintiffs notified the Court of seemingly intractable discovery disputes. The case is before the District Court after the United States Supreme Courts ruling in Noem v. Abrego Garcia , 604 U.S. (2025). The District Court expedited its ruling, deciding the issues without a motion to compel: To facilitate the just and expeditious production of discovery, the Court rules on Defendants stated objections inclu

Discovery 211

Discovery Interrogatories Objections Court Rules 211

E-Discovery LLC

APRIL 23, 2025

On April 10, 2025, the Judicial Conference of the United States sent a letter to the U.S. House of Representatives and U.S. Senate concerning the impacts of funding decisions. The letter states: As the FY 2026 appropriations cycle gets underway, we ask that the Appropriations Committees take into account the constitutional and statutory role of the Judicial Branch.

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E-Discovery LLC

APRIL 22, 2025

In U.S. EEOC v. Aspire Regional Partners, Inc., 2025 WL 1115300 (S.D. Oh. Apr. 15, 2025), the court ordered discovery of litigation hold notices. In my opinion, and while I agree with the result, the legal issues governing the discovery of litigation hold notices and implementation need clarity and national uniformity. In Aspire , Mr. Ayers-Banks asserted discriminatory termination by his former employer.

Discovery 130

Discovery Litigation Objections Evidence 130

E-Discovery LLC

APRIL 22, 2025

Sports Rehab Consulting LLC v. Vail Clinic, Inc., 2025 WL 1144559 (D. Col. Apr. 18, 2025), has a tortuous procedural history. The case turned on allegations of a monopoly over physical therapy services. Both sides objected to a report and recommendation of a special master. In the portion of the decision pertinent to this blog: Plaintiffs demand that Vail Health produce text messages from the personal devices of three individuals who are not parties to this action: Michael Shannon, who formerly

Subpoenas 130

Subpoenas Discovery Litigation Evidence 130

E-Discovery LLC

APRIL 21, 2025

There are countless decisions, law review articles, books, and guides written on search, search design, search methodology, search tools, and search metrics. See, e.g., EDRM Search Guide ; The Sedona Conference Best Practices Commentary on the Use of Search and Information Retrieval Methods in E-Discovery The following are a few exemplar decisions that set the stage: In Re Seroquel Prod.

Discovery 130

Discovery Depositions Litigation Affidavits 130

E-Discovery LLC

APRIL 20, 2025

Doug Austin’s blog, Informal Discovery Dispute as to TAR Implementation Resolved by Court (Apr. 17, 2025), provides an excellent description of a recent TAR protocol case. In re Insulin Pricing Litigation, 2025 WL 1112837 (D.N.J. Apr. 11, 2025).

Discovery 130

Discovery Litigation 130

E-Discovery LLC

APRIL 20, 2025

Mancia v. Mayflower Textile Servs. Co., 253 F.R.D. 354 (D. Md. 2008), was an early decision on cooperation, boilerplate objections, waiver by failure to object properly, and a court-ordered meet-and-confer. The case was a collective action under the Fair Labor Standards Act and Maryland wage and overtime law. The Court outlined a process to resolve discovery issues, and wrote that [t]he goal is to attempt to quantify a workable discovery budget that is proportional to what is at issue in the cas

Discovery 130

Discovery Objections Litigation 130

E-Discovery LLC

APRIL 19, 2025

Thompson v. HUD , 199 F.R.D. 168 (D. Md. 2001)( Thompson I ), was a class action by Baltimore public housing residents. Thompson I explained the 2000 change in the scope of discovery that remains in force, with some changes, today. [1] Thompson I dealt in part with the December 2000 amendment to Fed.R.Civ.P. 26 which changed the scope of discovery from any matter, not privileged, which is relevant to the subject matter involved in the pending action, to unprivileged facts relevant to the claim

Discovery 130

Discovery Pleadings Admissibility Litigation 130

E-Discovery LLC

APRIL 18, 2025

In Pincus Law Grp PLLC v. MJ Connections, Inc., 2025 WL 1070384 (E.D.N.Y. Apr. 9, 2025), the court ruled in favor of a discovering party and ordered reproduction of previously-produced documents under the terms of an ESI Protocol. The court also addressed what it considered to be a dump truck production. Pincus sued MJ alleging interference with and breach of contract, among other claims.

Objections 130

Objections Discovery Depositions Court Rules 130

E-Discovery LLC

APRIL 18, 2025

In Jayne H. Lee, Inc. v. Flagstaff Industries Corp., 173 F.R.D. 651 (D. Md. 1997), plaintiffs counsel was dissatisfied with the response by the defendant to the interrogatories and requests for production of documents which the plaintiff had filed. What happened next was a mistake. Plaintiff, without ever seeking to file a motion to compel following a conference with counsel for the defendant, unilaterally decided to hold the plaintiff’s discovery responses hostage until he obtained discov

Interrogatories 130

Interrogatories Discovery 130

E-Discovery LLC

APRIL 17, 2025

Marens v. Carrabbas Italian Grill, Inc., 196 F.R.D. 35 (D. Md. 2000), was an employment dispute. Plaintiff filed a motion to compel discovery responses. The Court directed defendant to spend 40 hours searching for responsive information. If the plaintiff wanted more, it could get more; provided that it paid the actual cost of additional defense searches.

Discovery 130

Discovery Affidavits Objections Litigation 130

E-Discovery LLC

APRIL 17, 2025

Have you no sense of decency? This question was posed by Joseph N. Welch, special counsel for the U.S. Army, to Senator Joe McCarthy of the House Unamerican Activities Committee (HUAC) during a Senate hearing in 1954. For those too young to know, HUAC operated during the Red Scare. McCarthy bullied, lied, and smeared his way to power, destroying many careers and lives in the process.

Discovery 221

Discovery 221

E-Discovery LLC

APRIL 16, 2025

Burge v. Teva Pharmaceutical Industries, Ltd., 2025 WL 1100047 (D. Kans. Apr. 15, 2025), is an exceedingly complex case. Based on the terms of an ESI Protocol, the court granted, in part, and denied, in part, a motion to compel plaintiff to designate additional custodians in Phase I discovery. It applied a five-part test focused on whether a manifest deficiency was shown by the moving party.

Discovery 130

Discovery Pharmaceuticals Litigation 130

E-Discovery LLC

APRIL 16, 2025

My blogs generally focus on new cases. However, sometimes it is helpful to look backwards. A golden oldie is something once popular or valued that has retained its appeal or for which interest has been reawakened. Definition & Meaning | Dictionary.com. The term refers to something that is still important, even though it is quite old. Definition and meaning | Collins English Dictionary Thompson v.

Discovery 130

Discovery Litigation Witnesses Objections 130

E-Discovery LLC

APRIL 15, 2025

In Pincus Law Grp PLLC v. MJ Connections, Inc., 2025 WL 1070384 (E.D.N.Y. Apr. 9, 2025), the court ruled in favor of a discovering party and ordered reproduction of previously-produced documents under the terms of an ESI Protocol. The court also addressed what it considered to be a dump truck production. Pincus sued MJ alleging interference with and breach of contract, among other claims.

Discovery 130

Discovery Objections Depositions Court Rules 130

E-Discovery LLC

APRIL 14, 2025

In Hall v. Baltimore Police Dept., 2025 WL 1024069 (D. Md. Mar. 31, 2025)(Austin, J.), the Court entered an order granting in camera review to address disputes regarding plaintiff Halls claim of work product protection: The purpose of the in-camera review is to ascertain whether all items are, as Plaintiff contends, opinion work product or, as Defendants contend, fact work product at least in part, such that at least some of the documents may be disclosed or redacted.

Subpoenas 130

Subpoenas Discovery Witnesses Depositions 130

E-Discovery LLC

APRIL 12, 2025

Ian Round reported in the Daily Record that MD lawmakers pass watered-down judicial security bill (Apr. 9, 2025). The news article states that the bill requires agencies that provide security to report to Maryland Supreme Court Chief Justice Matthew Fader by the end of September with the number of security guards they need and a viable plan to reach minimum standards.

Discovery 130

Discovery 130

E-Discovery LLC

APRIL 11, 2025

Allergan, Inc. v. Revance Therapeutics, Inc., 2025 WL 984792 (M.D. Tenn. Mar. 17, 2025), involves an alleged theft of trade secrets. The decision underscores the importance of information governance. Information is one of a businesss most valuable assets and corporate policies may determine the outcome of litigation. The Special Master recommended denial of Allergans motion to compel searches of BYOD (bring our own device) devices used under the precise terms of Revances information governance a

Discovery 130

Discovery Litigation Subpoenas Evidence 130

E-Discovery LLC

APRIL 10, 2025

The Sedona Conference has posted its Commentary on Discovery of Collaboration Platforms Data, Public Comment Version (Apr. 2025). Public comments may be submitted through May 16, 2025. My comment is that the Commentary is excellent and well worth reading. I am not going to try to summarize the comprehensive, 32-page document. Instead, I will discuss one issue, document unitization.

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Discovery Evidence Litigation Objections 130