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.

Evidence

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

DECEMBER 21, 2024

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? Can a witness authenticate a video if the video contains images that the witness did not see?

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 9, 2024

26(b)(1)states: The former provision for discovery of relevant but inadmissible information that appears “reasonably calculated to lead to the discovery of admissible evidence” is also deleted. It is replaced by the direct statement that “Information within this scope of discovery need not be admissible in evidence to be discoverable.”

Objections

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

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. Rule 5-402 (“Evidence that is not relevant is not admissible.”). State , 378 Md.

Subpoenas

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

Attorney at Work

JULY 16, 2021

It will be important to ensure those recordings are admissible as evidence. In a world where most depositions and proceedings are likely to be at least partly virtual, video recordings are more important than ever. Decisions are already surfacing that show that using the built-in recording features is not enough (Alcorn v.

Depositions

E-Discovery LLC

MARCH 6, 2025

Passenger Sexual Assault Litigation , 2025 WL 678543 (Mar. While production issues concerning hyperlinked or modern attachments have been extensively litigated, in this blog I discuss some related evidentiary issues. Plaintiffs did not dispute the evidence. In In Re: Uber Technologies, Inc. Lorraine v. 534, 538 (D.

Technology

Civil Litigation Brief

FEBRUARY 5, 2025

In Morris v Williams [2025] EWHC 218 (KB) District Judge Dodsworth considered the question of whether a letter from the claimant’s former solicitor, which contained proposals by the claimant to settle allegations of fundamental dishonesty, could be adduced as evidence..

Admissibility

E-Discovery LLC

APRIL 10, 2025

The potential downside of unitization by time period or number of messages is that it can artificially break up continuing conversations into separate documents, requiring the parties to manually reassociate them for use in the litigation. Judge Grimm wrote that [w]henever ESI is offered as evidence, evidence rules must be considered.

Discovery

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

SEPTEMBER 22, 2024

Among them were: general principles of discovery; the role of counsel in self-collection; discovery on discovery; the date that the litigation hold was triggered; whether reasonable post-trigger steps were taken; curative sanctions under Fed.R.Civ.P. Some Tactical Options for Businesses Faced With Pre-Litigation Preservation Demands (Jan.

Discovery

Attorney at Work

JANUARY 11, 2022

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. With the delete key a tap away, it’s vital to defensibly collect this evidence while you can. Two TechnoLawyer award winners do just that.

Technology

Evidence at Trial

APRIL 26, 2023

Regardless of its merit, social media is here to stay and disputes over admissibility or exclusion are commonplace in today's trials. To best handle evidentiary questions about social media, litigators must understand the relevant evidentiary rules and their application. What Social Media Evidence? Code § 140. ” Cal.

Evidence

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

E-Discovery LLC

SEPTEMBER 25, 2024

In the District of Maryland: “Unlike some other courts … this Court does not impose on the requesting party the burden of establishing the substantial similarity of the requested incidents and lawsuits subject at the discovery stage of the litigation. That is a very rigorous process, often necessitating expert testimony.

Discovery

Civil Litigation Brief

APRIL 11, 2025

We are returning to the judgment of Jason Beer KCRajan Marwaha v Director of Border Revenue & Anor [2025] EWHC 869 (KB) Jason Beer KC and staying with the issue of “expert” evidence. This time looking at the attempt of.

Evidence

E-Discovery LLC

JULY 3, 2024

Wife noted that Husband’s refusal to provide discovery had been a continuing problem throughout the litigation. Wife requested that the court sanction Husband by precluding him from presenting evidence at trial. The Appeals Court wrote: “Husband alleged that he had recently filed for bankruptcy.

Discovery

E-Discovery LLC

APRIL 30, 2025

E-discovery blazed across the litigation sky more than two decades ago. 4] Fourth , litigators began to recognize the import of electronically stored information. Managing E-Discovery and ESI: From Pre-Litigation Through Trial (ABA 2011), 13. There were several reasons: As a starting point, what is ESI? 2, 2022). [5]

Discovery

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

E-Discovery LLC

APRIL 19, 2025

Information within this scope of discovery need not be admissible in evidence to be discoverable. Thompson I explained the 2000 change in the scope of discovery that remains in force, with some changes, today. [1] 1] Thompson I dealt in part with the December 2000 amendment to Fed.R.Civ.P. The good cause expansion was deleted. [3]

Discovery

E-Discovery LLC

SEPTEMBER 4, 2024

Discovery is the lawyer’s x-ray: “Discovery procedure serves much the same function in the field of law as the X-ray in the field of medicine and surgery; and if its use can be sufficiently extended and its methods simplified, litigation will largely cease to be a game of chance.” 691, 717 (1998)(citation omitted). “The Rodriguez v.

Discovery

Temple University Beasley School of Law - Advocacy

NOVEMBER 9, 2023

Mistek et al, , Toward Locard’s Exchange Principle: Recent Developments in Forensic Trace Evidence Analysis, [link] (last visited July 17, 2023). Through litigation spearheaded by the Innocence Project, a new trial was recently ordered. Genrich, ORDER, July 7, 2023. And beliefs should not be the basis for a criminal prosecution.

Evidence

E-Discovery LLC

OCTOBER 17, 2024

408(a)(“Evidence of [a statement made during compromise negotiations about the claim] is not admissible – – on behalf of any party – -… to impeach by a prior inconsistent statement or a contradiction”). emphasis added; citations and quotations omitted]. See Fed.R.Evid.

Discovery

E-Discovery LLC

JUNE 25, 2024

c)(2) contentions, in reviewing the briefs and exhibits, it is evident that the communication issues addressed in the court’s January 11, 2024 order have not been resolved. It addressed responses to requests for admission and the need for specific objections to document requests. The Norcold court addressed a number of other issues.

Discovery

E-Discovery LLC

SEPTEMBER 16, 2024

Information within this scope of discovery need not be admissible in evidence to be discoverable.” Scope of Discovery The Federal Rules of Civil Procedure provide that “parties may obtain discovery regarding any nonprivileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case.”

Discovery

Civil Litigation Brief

SEPTEMBER 17, 2024

There is much for practitioners to read in the judgment of HHJ Paul Matthews in Taylor v Savik & Anor [2024] EWCC 7. However I want to isolate out the judge’s observations on CPR r.32.19. In particular the question of.

Admissibility

Civil Litigation Brief

JULY 14, 2024

In Invest Bank PSC v El-Husseini & Ors [2024] EWHC 1804 (Comm) Mr Justice Calver refused the claimant bank’s application for relief from sanctions when it served a notice of a notice to prove the authenticity of a document.

Admissibility

Temple University Beasley School of Law - Advocacy

JANUARY 16, 2024

The principle at issue is what is called a binding judicial admission, and its roots can be traced back to at least 1880, when the U.S. Supreme Court stated that “[i]n the trial of a cause the admissions of counsel, as to matters to be proved, are constantly received and acted upon. MacDonald v. GMC , 110 F.3d 3d 337, 340 (6 th Cir.

Closing Argument

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. Protection Of Work Product Documents created in anticipation of litigation are generally shielded from discovery because the documents contain the partys work product.

Discovery

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

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

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.

Technology

Complex Discovery

MAY 13, 2025

While the actual impact of these tactics remains difficult to measure, the existence of high-fidelity deepfakes already complicates digital evidence chains. This introduces a new class of challenges in authentication, custody, and courtroom admissibility. Even as the risks grow, the barriers to deploying powerful AI models are falling.

Government and Public Sector

Sound Jury Blog

SEPTEMBER 19, 2023

So often, we hear trial “war” stories about a critical piece of evidence that was supposed to get in, or maybe that was NOT supposed to get in. We work with a litigation team that has the associates present at the mock trials. For evidence – be realistic. If he’s “that bad” then why is he still #2, or still on the team?

Evidence