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 130

Discovery Litigation Witnesses Objections 130

E-Discovery LLC

MARCH 6, 2025

3, 2025), the court issued another hyperlinked document discovery decision arising out of the parties ESI Protocol. Uber also presents evidence that currently the production of hyperlinked non-Google Drive documents is not technologically feasible at scale. Plaintiffs did not dispute the evidence. Lorraine v. 534, 538 (D.

Technology 130

Technology Discovery Evidence Litigation 130

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 130

Discovery Objections Litigation Healthcare 130

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].

Discovery 130

Discovery Litigation Precedent Court Rules 130

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 130

Objections Litigation Discovery Evidence 130

Next Generation E-Discovery Law & Tech Blog

AUGUST 30, 2023

By John Patzakis The Best Evidence Rule, as codified in Federal Rule of Evidence 1002, provides that an original writing, recording, or photograph is required to prove the contents of the document. A case out of the federal courts in Texas addressed this issue head on.

Evidence 52

Evidence Jury Instructions Discovery Affidavits 52

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 130

Subpoenas Discovery Litigation Court Rules 130

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 130

Subpoenas Discovery Litigation Court Rules 130

E-Discovery LLC

MAY 30, 2025

There is no evidence that defendants lost any relevant text messages by restoring Gibsons and Dooriss phones to factory settings. Summary judgment was granted for the Coast Guard on that issue: Gibsons decision to disenroll Wenzler from the Auxiliary was not arbitrary and capricious and was supported by substantial evidence.

Cross-Complaint 130

Cross-Complaint Evidence Litigation Court Rules 130

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. However, it does not allow dismissal of a claim that otherwise would have survived summary judgment.

Discovery 112

Discovery Pleadings Litigation Cross-Complaint 112

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 122

Defense Strategy Precedent Discovery Depositions 122

E-Discovery LLC

MAY 22, 2025

In NJ Court Rules Police Geofence Warrants Are Constitutional (Bloomberg Law May 20, 2025), Alex Ebert reported that a New Jersey intermediate appellate court upheld a geofence warrant, within specified limits. No DNA, fingerprint, or other forensic evidence was recovered from which to identify a suspect. citing Jones v.

Evidence 130

Evidence Witnesses Forensic Evidence Technology 130

WA Bar News

JUNE 11, 2024

should not be considered as evidence. 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. Washington Superior Court Civil Rule 30(h)(2) and (5) speak to, respectively, objections and private consultations: Objections.

Depositions 98

Depositions Witnesses Objections Discovery 98

Next Generation E-Discovery Law & Tech Blog

SEPTEMBER 11, 2024

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. The Court criticized Arch Insurance’s handling of the ESI search, describing the delay as indicative of “counsel’s disdain” for its discovery obligations.

Insurance 59

Insurance Jury Instructions Evidence Discovery 59

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. The legal battle quickly escalated.

Digital Evidence 64

Digital Evidence Litigation Technology Evidence 64

Complex Discovery

OCTOBER 21, 2024

Evidence collection in such environments can be complicated by government intervention, surveillance, or manipulation of digital content. In the realm of eDiscovery, the report underscores the growing difficulties in cross-border investigations, particularly in countries where online activity is heavily monitored or censored.

Telecommunications 95

Telecommunications Technology Court Rules Evidence 95

WA Bar News

SEPTEMBER 11, 2024

The Act provides for selection and immunity of arbitrators, discovery protocols, attorney fees, and fair and expeditious resolutions. Recommendation : There is some uncertainty (until a Washington appellate court rules) about what can be waived in the statute as well as how to properly waive it.

Arbitration 105

Arbitration Evidence Case Law Mediation 105

WA Bar News

JULY 10, 2024

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. Decision documents: Order Approving Stipulation; Stipulation to Reprimand; and Notice of Reprimand.

Real Estate 52

Real Estate Depositions Evidence Admissibility 52

WA Bar News

DECEMBER 17, 2024

Fucile In the course of a case, litigators typically make all sorts of statements to courts on the facts and the law. 2 Some are in briefs, while others are made in open court. along with the confidentiality rule, RPC 1.6, and the withdrawal rule, RPC 1.16. 9 Here, however, well focus on the ethics rule.

Pleadings 52

Pleadings Witnesses Arbitration Litigation 52

E-Discovery LLC

FEBRUARY 25, 2025

19, 2025)(Emphasis added), the court wrote: Throughout his responses, Canales objects to OPWs requests on the ground that they are not reasonably calculated to lead to the discovery of admissible evidence. See Reasonably Calculated to Lead to Discovery of Admissible Evidence (Nov. Rule 33 Advisory Comm.

Interrogatories 130

Interrogatories Objections Discovery Admissibility 130

IP Whiteboard

NOVEMBER 19, 2020

Justice Markovic recently presided over an application for preliminary discovery that was sought after allegedly counterfeit MANOLO BLAHNIK shoes were found to be sold in a Sydney boutique store. No progress was made after several rounds of correspondence between lawyers, which led to the commencement of proceedings seeking discovery.

Discovery 52

Discovery Court Rules Retail Evidence 52

E-Discovery LLC

JUNE 1, 2024

Stuart, “Privacy in Discovery After Dobbs,” 26 Va. Courts frequently admit evidence “for what it’s worth.” “Weight” is decided by the finder of fact. Court Rules That Deprive Unpublished Opinions of Precedential Authority Distort the Common Law,” 79 Wash. & Tech. Law Quarterly 1253 (2001). & Proc.

Precedent 130

Precedent Discovery Admissibility Litigation 130

Jury Analyst

MAY 22, 2024

A juror tasked with objective deliberation and verdict issuance based on evidence presented in court embodies the foundational aspect of a fair trial. Untangling the Concept of Jury Misconduct Jury misconduct occurs when jurors breach the legal standards set by federal or state courts, potentially impacting the fairness of a trial.

Evidence 40

Evidence Jury Deliberation Jury Selection Jury Instructions 40

Jury Analyst

MAY 22, 2024

A juror tasked with objective deliberation and verdict issuance based on evidence presented in court embodies the foundational aspect of a fair trial. Untangling the Concept of Jury Misconduct Jury misconduct occurs when jurors breach the legal standards set by federal or state courts, potentially impacting the fairness of a trial.

Evidence 40

Evidence Jury Deliberation Jury Selection Jury Instructions 40

Joseph, Hollander & Craft

MARCH 7, 2025

However, many people do not realize that the procedural rule requiring police to expressly advise arrestees of their rights did not apply until a series of landmark 1960s Supreme Court cases, culminating in Miranda v. In general, a custodial confession given without a prior Miranda warning is not admissible in court. 436 (1966).

Admissibility 52

Admissibility Evidence Witnesses Court Rules 52

E-Discovery LLC

APRIL 23, 2025

plaintiffs notified the Court of seemingly intractable discovery disputes. The case is before the District Court after the United States Supreme Courts ruling in Noem v. Initially, the Court addressed four general objections. Youll cite privilege, youll follow the rules, Ill make a determination.),

Discovery 211

Discovery Interrogatories Objections Court Rules 211

E-Discovery LLC

JUNE 5, 2024

While there were many issues on appeal, one was whether evidence of her internet searches related to termination of a pregnancy was properly admitted on the facts presented. The decision to admit that evidence was affirmed by the intermediate appellate court. See Case No. The facts were awful. Akers was pregnant. On appeal, Ms.

Admissibility 130

Admissibility Evidence Voir Dire Objections 130

E-Discovery LLC

AUGUST 15, 2024

The court wrote: This dispute centers on [the] discovery process, specifically repeated instances of non-compliance with the Court’s Orders governing the disclosure and use of discovery material. at *12 (emphasis added). at *2 (emphasis added).

Discovery 130

Discovery Litigation Evidence Court Rules 130