E-Discovery LLC

SEPTEMBER 16, 2024

9, 2024), provides a succinct summary of the scope of discovery under the December 2015 amendments to the Federal Rules of Civil Procedure. Information within this scope of discovery need not be admissible in evidence to be discoverable.” It – surprisingly – sustained boilerplate objections. 26; see XTO Energy, Inc.

Discovery

E-Discovery LLC

AUGUST 31, 2024

499 (2024), addressed introduction of a “composite” video as summary evidence and the use of police officers’ testimony describing it. This first blog addresses the admissibility of a “composite” video prepared by the prosecution. An innocent bystander was fatally shot while she was with her husband on a hotel patio in Annapolis.

Admissibility

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

E-Discovery LLC

APRIL 10, 2025

The Sedona Conference has posted its Commentary on Discovery of Collaboration Platforms Data, Public Comment Version (Apr. 26(b)(1) states that [i]nformation within this scope of discovery need not be admissible in evidence to be discoverable, discoverable material that does not meet evidentiary standards may be of little or limited value.

Discovery

E-Discovery LLC

APRIL 30, 2025

E-discovery blazed across the litigation sky more than two decades ago. Ball, Electronic Discovery Workbook (2019), 47 n. E-discovery is more complex than paper discovery; but then, electric lighting is more complex than candles, and cars more complex than bicycles. Marcus, E-Discovery Beyond the Federal Rules, 37 U.

Discovery

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

E-Discovery LLC

SEPTEMBER 1, 2024

499 (2024), addressed introduction of a “composite” video as summary evidence and the use of police officers’ testimony describing it. A prior blog addressed the admissibility of a “composite” video prepared by the prosecution. State , 261 Md. emphasis added]. 23, 2024). [2]

Admissibility

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

Complex Discovery

OCTOBER 19, 2024

Editor’s Note: Artificial intelligence (AI) is transforming the pharmaceutical industry, offering unprecedented opportunities to accelerate drug discovery, streamline clinical trials, and fortify intellectual property (IP) strategies. Maintaining a clear chain of custody for AI-involved processes becomes crucial.

Pharmaceuticals

Complex Discovery

SEPTEMBER 11, 2024

Understanding how courts may handle AI-generated evidence will be crucial for those responsible for managing digital content, ensuring data integrity, and navigating complex litigation involving digital forensics. John Tunheim, delves into how the judiciary can prepare for the impact of AI-manipulated evidence. Grimm (ret.),

Evidence

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

E-Discovery LLC

DECEMBER 21, 2024

Discovery Plan The ESI Protocol: Your Word is Your Bond Or, Is It? Is a Composite Video Admissible and Can a Police Officer Narrate It at Trial? Reasonably Calculated to Lead to Discovery of Admissible Evidence Is a Vehicles On Board or Dash Cam Video Protected From Disclosure as Work Product?

Admissibility

E-Discovery LLC

APRIL 19, 2025

Thompson I explained the 2000 change in the scope of discovery that remains in force, with some changes, today. [1] Thompson I explained the 2000 change in the scope of discovery that remains in force, with some changes, today. [1] 2001)( Thompson I ), was a class action by Baltimore public housing residents. Emphasis added].

Discovery

E-Discovery LLC

OCTOBER 9, 2024

16, 2024)(citing cases: “Defendants included general and boilerplate objections in their responses to discovery, which are not acceptable in this circuit. Defendants’ responses are a perfect example of how not to answer discovery requests. See General Objections, Dracula, and “Whac a Mole” (Apr. Griffith Lab’ys, Inc.,

Objections

E-Discovery LLC

OCTOBER 2, 2024

26(b)(1), “[r]elevant information need not be admissible at trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence.” The December 2015 amendments to Rule 26(b)(1) deleted the phrase “subject matter of the action” from the scope of discovery. 9, 2021). [2]

Admissibility

E-Discovery LLC

NOVEMBER 5, 2024

An issue arises when a privilege log entry states that a document is withheld from discovery as work product. 31, 2014), the court wrote that: LendingTree’s duty to preserve evidence arose no later than its assertion of the attorney work product privilege. Marking documents as “work product” may protect them from discovery.

Admissibility

E-Discovery LLC

OCTOBER 15, 2024

Both the husband and wife sought discovery from TST. The Appellate Court agreed: “ Implicitly—as with all discovery—a request that a nonparty produce documents or other tangible things is necessarily confined by the bounds of Rule 2-402(a),” which defines the scope of discovery.

Subpoenas

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.” 16, 2024)(Bredar, J.), The Bender Court disagreed. Wiegand objected.

Discovery

E-Discovery LLC

MAY 11, 2025

Defendants, Nike and Converse, filed a motion requesting a determination that plaintiff Valmarc d/b/a Vi3 had spoliated evidence. The court wrote that: Defendants allege that Vi3 intentionally deleted seven employees email accounts that contained relevant evidence shortly before filing this action.

Discovery

E-Discovery LLC

MARCH 6, 2025

3, 2025), the court issued another hyperlinked document discovery decision arising out of the parties ESI Protocol. Uber also presents evidence that currently the production of hyperlinked non-Google Drive documents is not technologically feasible at scale. Plaintiffs did not dispute the evidence. Lorraine v. 534, 538 (D.

Technology

E-Discovery LLC

DECEMBER 9, 2024

Therefore, in his view, the evidence was not sufficiently authenticated. This method allows for authentication by the presentation of evidence describing a process or system that produces an accurate result. see The “Silent Witness” Theory of Authentication of Video Evidence (July 5, 2024). Lorraine v. 534, 542 (D.

Witnesses

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

E-Discovery Team

SEPTEMBER 23, 2024

The article - Part Two - discusses proposed modifications to Rule 901(b) concerning the authentication of AI-generated evidence. Judge Grimm and Professor Grossman suggest replacing "accurate" with "valid" and "reliable" to clarify the criteria for admissible evidence, as accuracy alone does not ensure reliability.

Evidence

Next Generation E-Discovery Law & Tech Blog

AUGUST 30, 2023

By John Patzakis The Best Evidence Rule, as codified in Federal Rule of Evidence 1002, provides that an original writing, recording, or photograph is required to prove the contents of the document. The plaintiff had deleted his Facebook account resulting in lost evidence critical to the case.

Evidence

E-Discovery LLC

AUGUST 16, 2024

That before-and-after authentication, plus a few other facts, was sufficient circumstantial evidence to authenticate the entire video. First can video evidence be authenticated when the authenticating witness lacked personal knowledge of all of the events portrayed in it? The bar for authentication of evidence is not high.”

Witnesses

Attorney at Work

JANUARY 11, 2022

With billions documenting their life from the banal to the audacious, these services have become a treasure trove for discovery. It’s challenging to obtain a damaging admission during a deposition, but social media feeds and chat threads contain more admissions than a Taylor Swift confessional.

Technology

Complex Discovery

MAY 29, 2025

Editor’s Note: This article provides a timely and detailed examination of how the rise of AI-generated content, particularly deepfakes, is challenging long-standing principles in evidence law. provides critical insights into both the psychological and procedural impacts of synthetic evidence. Grossman and Hon. Grimm (ret.)

Evidence

SW&L Attorneys Blog

MARCH 15, 2025

Discovery is a critical component of the legal process, enabling parties to obtain necessary evidence and documents relevant to a case. Scope And Limitations Of Discovery The scope of discovery is contingent upon the specifics of the case at hand; generally, any relevant non-privileged information is deemed discoverable.

Discovery

Destination Articles Blog

NOVEMBER 5, 2024

In family law, how you handle digital evidence can really make or break your client’s case, especially in high-conflict scenarios. Texts, emails, and social media posts can significantly influence custody decisions, highlighting the need for attorneys to manage this evidence with great care. This situation impacts about 21.9

Digital Evidence

Evidence at Trial

OCTOBER 3, 2022

— Franklin Delano Roosevelt Too often in jury trials, attorneys mistakenly think getting evidence admitted is a dry and mechanical process separate and apart from the task of persuasion. These thousands of pages were relevant and admissible. But would it be admissible? "Be sincere, Be Brief, Be seated.

Admissibility

Joshua Gilliland

JANUARY 7, 2016

The City further argued that since the Plaintiff’s had overly broad discovery requests, they should not be sanctioned for failing to preserve relevant ESI. Life lesson: Just because the Plaintiff has overly broad scope for discovery requests, does not justify the lack of a litigation hold. The Court applied the elements from Chin v.

Litigation

The Cloud Court Blog

SEPTEMBER 28, 2022

In litigation, they often take testimony from witnesses prior to trial as part of the evidentiary discovery process.[ii] They know that if they fail to obtain an admission from a witness, or fail to vigorously defend their own, those failures have consequences measured in dollars. It could be $100,000, or it could be in the millions.

Depositions

WA Bar News

JULY 10, 2024

Via Orders entered on March 15, the Washington Supreme Court took the following actions pursuant to its inherent power over admission to practice law: Adopted the NextGen Bar Exam, with first administration to be in July 2026. See Sidebar No. SIDEBAR No. Watch for continuing coverage in future issues of Bar News.

Cross-Examination

Complex Discovery

DECEMBER 8, 2024

Strategic Maneuvers and Key Challenges Key geolocated evidence reveals Russian forces capture of Novopustynka and progress near Shevchenko’s outskirts, signaling a concerted push along the T-05-15 highway towards Pokrovsk.

Technology

Complex Discovery

MAY 13, 2025

For legal discovery teams or regulators, this opacity creates friction in auditability and risk modeling. While the actual impact of these tactics remains difficult to measure, the existence of high-fidelity deepfakes already complicates digital evidence chains. Data provenance is becoming especially fraught.

Government and Public Sector

Complex Discovery

MAY 30, 2025

For those in cybersecurity, governance, and eDiscovery, this emotional evolution presents a new class of risk: Soul Data as Discovery Risk : AI companions store sensitive, behavioral dataconversations, preferences, insecurities, emotional patterns, and even intimate details about relationships and mental health.

Government and Public Sector

WA Bar News

JULY 10, 2024

Bar Admission and Disciplinary Matters), 8.4(b) The lawyer’s conduct violated the following Rules of Professional Conduct: 1.3 Diligence), 1.4 Communication), 3.2 Expediting Litigation), 3.3 Candor Toward the Tribunal), 8.1 (Bar b) (Criminal Act), 8.4(c) c) (Dishonesty, Fraud, Deceit or Misrepresentation), 8.4(d)

Real Estate