E-Discovery LLC

JUNE 28, 2025

The City objected to the admission of the photographs, asserting that those photographs were “not disclosed in discovery.” The [trial] court denied the objection to the admission of the photographs. The court explained: “The photographs themselves are not a surprise. The intention to introduce them may be a surprise[.]” cleaned up).

Discovery

Civil Litigation Brief

JUNE 20, 2025

Part of the defendant's case was that the evidence was not admissible or was hearsay. Hearsay is admissible, the real. We are looking, again, at a case where there were issues as to evidence. The defendant's arguments did not prosper.

Burden Of Proof

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

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

IP Watchdog

JANUARY 10, 2022

World Programming, Ltd (WPL) is a British software company that, by its own admission, set out to “clone” SAS’s creative and popular software. The litigation that followed has been lengthy and stretched from North Carolina to the U.K. But the judge in that case made a critical error, which is now on appeal.

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. Rule 5-402 (“Evidence that is not relevant is not admissible.”). See, e.g., Cole v.

Subpoenas

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

FEBRUARY 22, 2025

On the somewhat unique facts presented, the Court held that plaintiffs consulting an attorney to find out her rights is not necessarily the same thing as contemplating or anticipating litigation for purposes of triggering the common-law duty to preserve. The duty to preserve arises when litigation is reasonably anticipated. Williams v.

Litigation

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

Attorney at Work

AUGUST 17, 2021

We are using litigation as an example, but the same reasoning applies to transactional practices.). Example: Developing a litigation defense strategy. Examples: Administrative tasks (such as organizing files, getting docket updates and so on); routine project management tasks; data gathering on the opposing party and their attorneys.

Interrogatories

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. 17 C 5859 (N.D.

Depositions

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

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

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

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 billions documenting their life from the banal to the audacious, these services have become a treasure trove for discovery.

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

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. The goal of document production, including production of ESI, is to develop admissible evidence for use at trial.

Technology

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. emphasis added]. Rodriguez v. Clarke, 400 Md. 39, 57, 926 A.2d 2] While Fed.R.Civ.P. Taylor, 329 U.S.

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

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

IP Watchdog

SEPTEMBER 7, 2022

In this article, I, along with co-author Anthony Prosser, address the other issue raised in the Senators’ June 8 letter—whether elimination of terminal disclaimers that “allow” patents to issue that are “obvious variations of each other” would increase patent quality and whether patents that are tied by a terminal disclaimer should be considered an (..)

Admissibility

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

Your Trial Message

JANUARY 2, 2025

By Dr. Ken Broda-Bahm: Heres a scenario we often see when watching deliberations in a mock trial: The subject of the defendants alternate damages number comes up, and jurors see it as a weakness. Even when the defense attorney has supplied all of the responsible caveats (e.g., We dont think you should get to damages, […]

Admissibility

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. Secured an annual license therefor from the state board of law examiners.

Litigation

The Cloud Court Blog

SEPTEMBER 28, 2022

If you’re involved in litigation, and if you care about outcomes, then the importance of testimony is difficult to overstate. However, when we explain what we’re doing and why to seasoned litigators, it’s really cool to watch as they mentally unpack the value proposition and its many implications. Often their eyes get wide.

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

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

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. Both parties dispute the authenticity of the evidence, with each claiming the other is responsible for disseminating fake content.

Evidence

Expert Witness Blog

MARCH 10, 2025

In the case of In re: Paraquat Products Liability Litigation , MDL No.

Witnesses

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

WA Bar News

JULY 10, 2024

The full-day event included three moderated panels focusing on LGBTQ+ rights and advocacy in (1) legal education; (2) current litigation, legislative reform, and community work; and (3) advancing LGBTQ+ rights in the future.

Education

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

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