Remove Admissibility Remove Evidence Remove Subpoenas
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Three Motions for Sanctions Denied Under ESI Rule and Common Law

E-Discovery LLC

The Court explained in detail the requirements of a Rule 37(e) motion and then applied them: Plaintiff has failed to put forth sufficient evidence of the four necessary elements to trigger the application of Rule 37(e) at all, let alone proven by clear and convincing evidence the intent required to show she is entitled to the remedies she seeks.

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When AI Conversations Become Compliance Risks: Rethinking Confidentiality in the ChatGPT Era

Complex Discovery

In a striking admission, OpenAI’s CEO Sam Altman acknowledged that ChatGPT interactions lack the privacy protections of attorney-client privilege, raising immediate concerns for legal professionals. Each interaction with ChatGPT, including sensitive legal queries, is digitally recorded, potentially accessible through subpoenas.

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7th Circuit Affirms Dismissal and Monetary Sanctions Against Both Attorney and Client

E-Discovery LLC

37(e)(1), if ESI that should have been preserved is lost due to the preserving party’s failure to take reasonable steps to preserve it, and if there is no satisfactory secondary evidence to replace it, the court “upon finding prejudice to another party from loss of the information, may order measures no greater than necessary to cure the prejudice….”

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What Objections May Be Raised to a Subpoena by a Non-Party?

E-Discovery LLC

July 22, 2024), the Court addressed the type of objections that a subpoenaed non-party may make. That was a novel issue in Maryland. The Court held “that [nonparty] TST had standing to challenge the subpoena on grounds that some of the requests were overbroad and not relevant to the subject matter involved in the divorce action.”

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“It Ends With Us”

E-Discovery LLC

28, 2025), the court granted in part and denied in part a motion to quash subpoenas issued to AT&T, Verizon, and T-Mobile (the Wayfarer Parties) by Ms. Lang, Ruling in Blake Lively’s Subpoena for Justin Baldoni Phone Records (Feb. 25, 2025); Reasonably Calculated to Lead to Discovery of Admissible Evidence (Nov.