article thumbnail

Standard for Court-Ordered Forensic Examinations – When Does Misconduct “Cross the Rubicon”?

E-Discovery LLC

This was the “umpteenth” discovery issue in a dispute that arose over a commercial acquisition deal that “went south.” These circumstances are no doubt personal for all involved—and the case involves a lot of money—which has spawned a contentious discovery process. Mintas moved to compel or for a forensic examination.

article thumbnail

Protective Order Barring Use of Discovery Materials in Other Litigation Was Vacated

E-Discovery LLC

A protective order barring post-settlement use by plaintiffs’ counsel of defendant’s discovery responses in other litigation was vacated in Cordero v. The Ninth Circuit wrote: It is “well-established” in our case law that discovery is “presumptively public.” Stemilt AG Services, LLC, __ F. 4 th __, 2025 WL 1902292 (9 th Cir.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Based on the ESI Protocol, the Limiting “Apex Deposition” Doctrine Applied to Objections to the Designation of a Document Custodian

E-Discovery LLC

It is also not clear to me which party carried the burden of proof under the “apex doctrine.” One recent case placed the burden on the party claiming an exception to the doctrine. However, there may have been practical obstacles, such as geographic location, that may have made use of Rule 45 less favorable. Lambert , __ Md.

article thumbnail

Self-Collection, Discovery About Discovery, and Curative Sanctions

E-Discovery LLC

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. It insists that it is not conducting unchecked discovery.” See The Hon.

article thumbnail

Pro Se Renewed Motion for Sanctions is Denied

E-Discovery LLC

It wrote: The Court has ordered production of the redacted materials, which has been completed and, as the pending motion and exhibits thereto make clear, Mr. Adams-Devonish now has the benefit of the discovery he sought. Second , the movant failed to carry the burden of proof under Fed.R.Civ.P.

article thumbnail

When is a Categorical Privilege Log Insufficient?

E-Discovery LLC

Managing E-Discovery and ESI: From Pre-Litigation Through Trial” (ABA 2011), 355-58. Two defendants sought discovery of communications between the plaintiff and the government. The court noted that the party invoking privilege has the burden of proof and that privileges are construed narrowly. 17, 2021). Berman, et al.,

article thumbnail

“Apex” Depositions of High Government Officials Under the “Morgan” Doctrine

E-Discovery LLC

When ruling on protective orders for executive depositions, courts generally ask whether: (1) the official has unique personal knowledge of the disputed matter; (2) the information can be collected through less intrusive discovery methods; and (3) the deposition unduly interferes with the officer’s professional duties. Johnson , 199 Md.