E-Discovery LLC

AUGUST 1, 2025

Pattison seeks to transform an after-the-fact cover letter – excluded from evidence as hearsay – into a condition precedent to contract formation. So even if the substance of the cover letter constituted hearsay, any objection on that basis was waived, as its contents were in evidence and undisputed.

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

MARCH 26, 2025

20, 2025), the court wrote: From the inception of this action, Counsel for the parties could not agree on the scope and methodology for ESI discovery. Second , plaintiffs service of a mandatory discovery plan was held to show a lack of cooperation. 26(f) requires a conference of the parties to discuss a discovery plan.

Discovery

E-Discovery LLC

SEPTEMBER 10, 2024

The Court denied an implied request for spoliation sanctions, writing: “Without evidence before it that there was a video, the Court declines to speculate that one existed.” The Court determined that there was a mere scintilla of evidence supporting causation due to a roof leak. In this blog, I suggest a different analysis.

Evidence

Complex Discovery

MARCH 31, 2025

Editor’s Note: Courts are sending a clear message: technical fluency is no longer optional in the world of modern discovery. The panel, moderated by Patrick Oot, Partner at Shook Hardy and a Chambers-ranked litigator in data and discovery strategies, assembled an exceptional cross-section of judicial perspectives.

Discovery

Next Generation E-Discovery Law & Tech Blog

SEPTEMBER 11, 2024

In its first eDiscovery failing, Arch Insurance did not issue a litigation hold until four years after having constructive notice of the claim. Employees at Arch Insurance identified relevant ESI, but due to what the court identified as a lack of supervision by counsel, critical potential evidence was mishandled.

Insurance

Complex Discovery

SEPTEMBER 28, 2024

Despite Meta’s assertion that there is no evidence these passwords were accessed improperly or abused, the regulatory body deemed the storage method as a serious risk. “It The company stated, “We took immediate action to fix this error, and there is no evidence that these passwords were abused or accessed improperly.

Evidence

Law Sites

MARCH 18, 2024

There was a time when they were needed to assist the discovery and understanding of the law. The real contribution was constructing the robust “plumbing” through which we could deliver the data to others. For a while it was hard to know what people were doing, but now we can start to see the evidence.

Legal Research

Sound Jury Blog

JANUARY 8, 2024

Initial Case Strategy “I resolve to start thinking about my jury story BEFORE discovery even starts.” Too often we see trial teams begin thinking about their jury story near or at the close of discovery. Instead, write your closing based on the answers to these three questions: 1) What evidence or testimony is most true on its face?

Litigation

SW&L Attorneys Blog

FEBRUARY 13, 2025

Civil litigation cases involve a wide variety of topics: contracts, business disputes, construction, negligence, personal injury, contested probates, family law, and more. Part of the civil litigation process involves gathering evidence, known as discovery.

Depositions

Complex Discovery

DECEMBER 8, 2024

Strategic Maneuvers and Key Challenges Key geolocated evidence reveals Russian forces capture of Novopustynka and progress near Shevchenko’s outskirts, signaling a concerted push along the T-05-15 highway towards Pokrovsk. Information governance practitioners rely on geolocation to ensure the integrity and authenticity of critical data.

Technology

E-Discovery LLC

JULY 2, 2024

And, that will impact e-discovery. Plaintiff moved to compel discovery of memos prepared by the internal affairs division. Under that construct, routinely generated documents, such as internal affairs investigations, would not be protected. Raimondo , No. 22-451, __ U.S. __ (Jun. The privilege is well-established.

Discovery

Forensic Psychologist

OCTOBER 25, 2015

In contrast to the lay public, academic scholars have remained skeptical of a construct that is too broad and amorphous to have any scientific validity; everything from viewing pornography or having an illicit affair to feeling ashamed about one's sexuality can count toward a diagnosis. The more people believe it, the more money they make."

Objections

Complex Discovery

DECEMBER 30, 2024

Despite geolocated evidence suggesting some advances in the area, Ukraines defenses continued to slow Russias momentum. These challenges are particularly pronounced in critical sectors such as construction and technology, where the workforce has been significantly depleted.

Government and Public Sector

Complex Discovery

NOVEMBER 9, 2024

Geolocated evidence pointed to limited gains in the northern and southern flanks of Chasiv Yar, as Russian units reportedly crossed sections of the Siverskyi Donets-Donbas canal. He noted the critical role of migrant labor, particularly in the construction sector, which could reportedly absorb an additional 250,000 workers.

Government and Public Sector

Complex Discovery

JUNE 30, 2024

Russian media and officials have portrayed the debate as evidence of internal American divisions, viewing this as advantageous for Russia. Russia has been rapidly constructing multi-layered defensive positions, including anti-tank ditches, dragon’s teeth obstacles, and extensive minefields. While current U.S.

Government and Public Sector