E-Discovery LLC

FEBRUARY 23, 2025

7, 2025), the court addressed a number of discovery disputes in this lawsuit by a terminated employee against her former employer. The court permitted spoliation interrogatories. The Li court ruled that: The [court] GRANTS Defendants’ motion to compel and ORDERS Plaintiff to answer these rogs.

Discovery

E-Discovery LLC

MARCH 13, 2025

Defendants moved to stay all discovery deadlines pending a resolution of their motion to compel arbitration and for a stay pending arbitration. The motion to stay discovery was granted. The Court wrote that: It is axiomatic that district courts enjoy substantial discretion in managing discovery. 26(c)(1)(A)-(B).

Discovery

E-Discovery LLC

FEBRUARY 21, 2025

As to one document, the Courts review of the substance of each of the redacted paragraphs makes clear that the letter involves the application of legal principles relevant to discovery and evidence preservation to guide the future conduct of Defendants. DISCOVERY OF LITIGATION HOLD NOTICES HAS LONG BEEN AN ISSUE. Grimm (ret.)

Discovery

Attorney at Work

MAY 31, 2022

These include statutes of limitation for filing a case, deadlines for filing motions, preparing for hearings, producing documents in litigation discovery or responding to a summary judgment. The Solution: Integrated Court Rules. Today law firms have multiple options for automated rules and calendar management.

Court Rules

E-Discovery LLC

JANUARY 31, 2025

The court wrote: Here, the Court questions whether the parties have acted with sufficient diligence in pursuing discovery. The Jennings court discussed a series of discovery events, and added: The parties should be proactive in following-up with their discovery so as not to run into conflicts with the discovery cutoff.

Discovery

Complex Discovery

OCTOBER 10, 2024

For professionals in cybersecurity, information governance, and eDiscovery, this ruling provides critical insight into the evolving legal landscape and the heightened importance of data protection standards.

Court Rules

E-Discovery LLC

MAY 18, 2025

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. The undersigned will then promptly schedule a recorded discovery conference.

Burden Of Proof

E-Discovery LLC

FEBRUARY 17, 2025

In response, I have published multiple blogs echoing Judge Grimm: Protecting the Judiciary E-Discovery LLC (Jan. 30, 2025); Marylands Protection of the Judiciary E-Discovery LLC (Apr. 10, 2024); American Bar Association Statement on Threats Against the Judiciary E-Discovery LLC (Apr.

Discovery

E-Discovery LLC

APRIL 16, 2025

In Thompson II , certain defendants failed fully to produce emails after the Court ruled that they were discoverable. The Court entered one that would conditionally preclude defendants from calling certain witnesses unless they could demonstrate that the witness had not sent or received responsive emails. citation omitted].

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

MAY 23, 2025

The Milne court denied a motion to compel further responses to requests for production. The court recited the general principles governing discovery and requests for production. Absent contrary evidence, courts will defer to the reasonable efforts and good faith representations by the parties. Hoffee is a guest blogger.

Discovery

E-Discovery LLC

APRIL 2, 2025

One problem with ESI Protocols, and one of their advantages , is that – – unlike a discovery plan – – the term ESI Protocol is not defined anywhere. Discovery Plan (Jan. And, the Federal Rules of Civil Procedure mandate that a discovery plan be submitted. [Emphasis added; cleaned up]. 19, 2024).

Discovery

E-Discovery LLC

AUGUST 6, 2024

July 31, 2024), the court resolved two disputes over an ESI Protocol, writing: “As to the first category of disagreement, the Parties have found themselves at an impasse as to the proper number of document custodians to be set forth in the ESI protocol.” “The Discovery Plan” (Jan. That category contained several subcategories.

Discovery

E-Discovery LLC

APRIL 18, 2025

9, 2025), the court ruled in favor of a discovering party and ordered reproduction of previously-produced documents under the terms of an ESI Protocol. The court also addressed what it considered to be a dump truck production. This blog was initially posted on Electronic Discovery Reference Model and JD Supra.

Objections

E-Discovery LLC

APRIL 15, 2025

9, 2025), the court ruled in favor of a discovering party and ordered reproduction of previously-produced documents under the terms of an ESI Protocol. The court also addressed what it considered to be a dump truck production. This blog was initially posted on Electronic Discovery Reference Model. MJ Connections, Inc.,

Discovery

E-Discovery LLC

MAY 17, 2025

When they were unable to do so, they submitted competing suggestions, and, the United States Magistrate Judge then issued a Protocol and Order Governing Discovery (the ESI Order) establishing such a protocol. As noted, after the court ruled, the City Defendants objected to the Magistrate Judges decision. Emphasis added].

Objections

Discovery Advocate

JUNE 8, 2023

Relying on an employee’s memory without an accompanying thorough discussion – informed by potentially relevant technical considerations of where data may reside and a more robust effort to locate it – is unlikely to constitute a “reasonable search” for purposes of defending a response to a request for non-objectionable discovery.

Subpoenas

E-Discovery LLC

OCTOBER 18, 2024

The court wrote that: The Document Requests called for Bedford to produce documents in a specified format consistent with the Stipulated Protective Order and the E-Discovery Stipulation and to provide specified information regarding responsive documents that were destroyed, lost or otherwise unavailable (“destruction/ unavailable log).

Discovery

Discovery Advocate

JUNE 7, 2023

Relying on an employee’s memory without an accompanying thorough discussion – informed by potentially relevant technical considerations of where data may reside and a more robust effort to locate it – is unlikely to constitute a “reasonable search” for purposes of defending a response to a request for non-objectionable discovery.

Subpoenas

E-Discovery LLC

MARCH 4, 2025

The discovery disputes presented in Rouse did not involve that part of the ESI Protocol. I suggest that the better view is that, under the precise rubric of the procedural rules, discovery is limited to relevant information. Likewise, dont assume the Court shares your interpretation of the protocol. Emphasis added].

Discovery

E-Discovery LLC

MARCH 6, 2025

3, 2025), the court issued another hyperlinked document discovery decision arising out of the parties ESI Protocol. The court ruled: If it has not already done so, Uber shall produce documents hyperlinked in Google chat messages, and related metadata to the extent feasible. Managing E-Discovery and ESI (ABA 2011), Chap.

Technology

WA Bar News

JULY 10, 2024

While the courthouse doors may remain open in the first instance to nonmeritorious lawsuits, the anti-SLAPP procedures allow a defendant to bring the matter to resolution through an early motion before much (if any) discovery is conducted. The scope of discovery is left to the trial court pursuant to the Civil Rules.

Discovery

IP Watchdog

JANUARY 22, 2024

Supreme Court today granted a request by the U.S. Nealy, which challenges a circuit court ruling that, under the discovery accrual rule, monetary damages for infringement under the Copyright Act are available for acts occurring outside of the Copyright Act’s three-year statute of limitations.

Discovery

Percipient

APRIL 22, 2023

23, 2015) the court observed that responding parties presumptively bear the expense of complying with discovery requests unless the expense is “significant.” Much of the costs were charges from an e-discovery vendor to collect and search electronically stored information (ESI) , including e-mails relating to Cardinal.

Subpoenas

Complex Discovery

JULY 9, 2024

Grewal characterized their pursuit as a quest for “reasonable discovery” in response to the SEC’s June 2023 lawsuit. Coinbase’s defense strategy draws parallels to the high-profile Ripple case, where the court ruled that certain internal SEC communications were relevant to Ripple’s fair notice defense.

Defense Strategy

E-Discovery LLC

NOVEMBER 12, 2024

Kay adds: “Anyone using AI that creates content in response to user prompts must also be trained to use it properly and comply with existing court rules and laws. However, the policy neither prohibits nor requires the use of GenAI.

Court Rules

E-Discovery LLC

MAY 30, 2025

The court ruled: The evidence shows that the Auxiliarys interests in promoting effective and efficient public services outweighed any interest Wenzler had in making the LinkedIn posts. The court concluded that: No reasonable juror could conclude that Wenzlers LinkedIn posts were constitutionally protected.

Cross-Complaint

Complex Discovery

SEPTEMBER 11, 2024

Key recommendations include: Pretrial Evidentiary Hearings: Judges should require early disclosure of potential deepfake-related evidence, enabling discovery and the use of expert witnesses to authenticate digital materials. For eDiscovery professionals, the stakes are particularly high.

Evidence

WA Bar News

JUNE 11, 2024

First, by focusing on these two areas, I definitely do not imply that these are the only issues that can arise in either depositions or discovery more broadly. 9 Washington’s appellate courts have also long spoken to the need to “play fair” in discovery generally and with witness testimony in particular. Washington RPC 4.4(a)

Depositions

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. This complexity not only strains financial resources but also diverts attention from core business operations.

Litigation

Next Generation E-Discovery Law & Tech Blog

AUGUST 30, 2023

The court cited an affidavit submitted by an eDiscovery expert witness who noted that when X1 Social Discovery was used to collect from the Plaintiff’s Facebook account, key evidence that existed prior to the litigation was missing because it had been deleted by the Plaintiff prior to the X1 Social Discovery collection.

Evidence

Complex Discovery

SEPTEMBER 12, 2024

Her leadership saw the imposition of multibillion-euro fines and pivotal court rulings that have reshaped the digital regulatory framework in Europe. Through decisive action against industry giants like Google and Apple, Vestager championed fair competition in digital markets.

Court Rules

Next Generation E-Discovery Law & Tech Blog

SEPTEMBER 11, 2024

The Court criticized Arch Insurance’s handling of the ESI search, describing the delay as indicative of “counsel’s disdain” for its discovery obligations. The Court found Arch Insurance’s actions caused prejudice to the Plaintiffs in the form of delays, costs and lost evidence, justifying sanctions under Rule 37(e)(1).

Insurance

WA Bar News

APRIL 14, 2025

THESE NOTICES OF THE IMPOSITION OF DISCIPLINARY SANCTIONS AND ACTIONS are published pursuant to Rule 3.5(c) c) of the Washington Supreme Court Rules for Enforcement of Lawyer Conduct. South is reinstated to active status to practice law.

Discovery

Attorney at Work

SEPTEMBER 30, 2022

In response to this discovery, the Los Angeles County Board of Supervisors voted unanimously to return the land to the Bruce family. The legal heirs of Charles and Willa Bruce were all set to receive the deed to Bruce’s Beach. And, perhaps more importantly, it also determines how a case will unfold. Click here to learn more today.

Litigation

Complex Discovery

APRIL 8, 2025

For eDiscovery experts, the case illustrates the complex intersection of digital evidence, cross-border discovery, and the expanding scope of patent enforcement in cloud environments. This article unpacks how Nokia leveraged its IP portfolio to challenge Amazons use of video streaming and cloud technologies, leading to a wave of litigation.

Digital Evidence

RPC Strategies

SEPTEMBER 13, 2024

Questa Discovery Questa Discovery makes high-speed processing of large data sets of e-discovery with efficient data indexing available to small and medium size companies. The AI-powered product automatically drafts personalized “touching-base” emails and follows potential leads on social media.

Discovery