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. Forensic expert Craig Ball, Esq., State Bar Assn.

Discovery

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. The case involved a loan gone south.

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

NOVEMBER 5, 2024

Generally, work product protects certain information prepared in anticipation of litigation. And, generally, the common-law duty to preserve is triggered when litigation is reasonably anticipated. 26(b)(3) protects “things that are prepared in anticipation of litigation or for trial” and Fed.R.Civ.P. For example, Fed.R.Civ.P.

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.’ Subrin, “Fishing Expeditions Allowed: The Historical Background of the 1938 Federal Discovery Rules,” 39 B.C. Rodriguez v.

Discovery

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

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

AUGUST 31, 2024

This first blog addresses the admissibility of a “composite” video prepared by the prosecution. Second , while the source materials “need not be introduced into evidence,” they must be “otherwise admissible.” That litigation involved a fatal police shooting in which I represented the defendants. Waterman v. Batton, 294 F.

Admissibility

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

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

OCTOBER 2, 2024

Plaintiff responded that the videos were not created in anticipation of litigation and therefore they are not protected work product. It explained that “there is nothing in the record to suggest that Defendant created the requested videos in anticipation of litigation. Next , the court overruled the improper boilerplate objections.

Admissibility

E-Discovery LLC

OCTOBER 15, 2024

In separate litigation, the wife had engaged in improper conduct, including refusal to return and wiping a TST laptop, copying and retaining TST data, and she was held liable for conversion, enjoined, and punitive damages were assessed against her. Both the husband and wife sought discovery from TST.

Subpoenas

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

MAY 11, 2025

Vi3’s privilege log [2] describes an email requesting and reflecting legal advice regarding fact development in anticipation of litigation. . Communications with counsel continued: Vi3’s privilege log describes each email communication as reflecting legal advice regarding fact development in anticipation of litigation.

Discovery

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

FEBRUARY 22, 2025

the court addressed a number of discovery disputes in this lawsuit by a terminated employee against her former employer. Defendants served discovery requests asking that plaintiff admit that she contemplated and anticipated litigation against her employer on December 12, 2022. 7, 2025)(Hixson, J.), Plaintiff Ms. 381, 388 (2008).

Litigation

E-Discovery LLC

MARCH 6, 2025

Passenger Sexual Assault Litigation , 2025 WL 678543 (Mar. 3, 2025), the court issued another hyperlinked document discovery decision arising out of the parties ESI Protocol. While production issues concerning hyperlinked or modern attachments have been extensively litigated, in this blog I discuss some related evidentiary issues.

Technology

E-Discovery LLC

NOVEMBER 11, 2024

Second : “TEDCO insists that it ‘cannot’ reasonably assert privilege with particularity unless and until Plaintiff provides advance notice and copies of the documents she intends to use in this litigation.” I would add, in my view, that TEDCO’s admission that “some (not all)” documents were privileged was very significant.

Objections

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

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. Response Obligations And Motions To Compel Upon submitting a formal request for discovery, the opposing party is obliged to respond within 30 days, this timeline may be adjusted upon reasonable notice.

Discovery

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

E-Discovery LLC

MAY 16, 2025

After additional proceedings and considerable thought, I conclude that an award combining litigation sanctions against Plaintiff and financial payments from the lawyers and law firms is appropriate to address this misconduct. The Special Master relied on Fed.R.Civ.P. 11 and 37, as well as the courts inherent authority, to impose sanctions.

Admissibility

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. The discovery process must now account for the possibility that documents, videos, or audio evidence may be AI-generated.

Evidence

E-Discovery LLC

DECEMBER 9, 2024

1, 2024); Is a Composite Video Admissible and Can a Police Officer Narrate It at Trial? A trial court is a gatekeeper, not an armed guard, when it comes to admissibility. Admissibility of Photogrammetric Evidence Trial Court is a Gatekeeper But Not an Armed Guard (Jun. Part 2 of 2 (Sep. Part 2 of 2 (Sep.

Witnesses

Joshua Gilliland

JANUARY 7, 2016

The City was found to be grossly negligent in issuing and executing its litigation hold for the preservation of email and text messages. The City did not issue a litigation hold until three years AFTER the complaint had been filed. The Court found that the City’s litigation hold was both late and ineffective. 2, 2016) 2016 U.S.

Litigation

SW&L Attorneys Blog

JUNE 18, 2024

From navigating convoluted regulatory frameworks to managing extensive discovery processes, the reality of litigation can overwhelm even the most prepared enterprises. Secured from the supreme court a certificate of admission to the bar of this state; and 2.

Litigation

Complex Discovery

OCTOBER 11, 2024

meatpacking industry’s ‘Big Four’—Tyson, JBS, Cargill, and National Beef—marks a significant moment in antitrust litigation, with serious implications for both corporate governance and market competition. Importantly, these settlements did not include admissions of wrongdoing. meatpacking industry. million in 2021.

Government and Public Sector

Next Generation E-Discovery Law & Tech Blog

AUGUST 30, 2023

In fact, given the unfortunately extensive but erroneous reliance on screenshots of social media evidence, The Best Evidence Rule could be cited far more frequently by opposing counsel seeking to contest the admission of such evidence. A case out of the federal courts in Texas addressed this issue head on.

Evidence

The Cloud Court Blog

SEPTEMBER 28, 2022

of federal civil matters are resolved at trial[i] Litigators always depose witnesses before a trial – if there is a trial You will almost never depose a witness more than once – so you get one shot to take or defend that deposition well But why do depositions matter more? The facts support it: Fewer than 0.6% Let’s take a step back.

Depositions

MyCase

MAY 2, 2024

It allows you to upload your factual documents via e-discovery and case management systems to generate hyperlinked citations. Clearbrief has received renowned accolades in the legal tech industry, including the 2023 Litigation Product of the Year at Legalweek and the 2022 Legalweek Leaders in Tech Company of the Year. Legalyze.ai

Discovery

Complex Discovery

MAY 29, 2025

First, acknowledged AI-generated evidence refers to instances where both parties in litigation agree that the content was created or processed using AI. To maintain public trust and uphold the fact-finding mission of litigation, the judiciary must evolve. Grimm (ret.) outline an incisive framework for understanding how U.S.

Evidence

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

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

Complex Discovery

MAY 13, 2025

For legal discovery teams or regulators, this opacity creates friction in auditability and risk modeling. This introduces a new class of challenges in authentication, custody, and courtroom admissibility. Data provenance is becoming especially fraught. Even as the risks grow, the barriers to deploying powerful AI models are falling.

Government and Public Sector

Complex Discovery

DECEMBER 8, 2024

This unique background positions ComplexDiscovery to provide valuable insights for conflict-related investigations and litigation, where understanding the interplay of technology, data, and geopolitical factors is crucial. eDiscovery professionals benefit from geolocation in the collection, processing, and review phases of investigations.

Technology

WA Bar News

JULY 10, 2024

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

Real Estate

E-Discovery LLC

FEBRUARY 25, 2025

19, 2025)(Emphasis added), the court wrote: Throughout his responses, Canales objects to OPWs requests on the ground that they are not reasonably calculated to lead to the discovery of admissible evidence. See Reasonably Calculated to Lead to Discovery of Admissible Evidence (Nov. Forrest, 2017 WL 773694, at *1 (S.D.N.Y.

Interrogatories