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.

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. John Tunheim, delves into how the judiciary can prepare for the impact of AI-manipulated evidence. Grimm (ret.),

Evidence

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

E-Discovery LLC

MAY 23, 2025

The court recited the general principles governing discovery and requests for production. 2013) (Absent evidence that [the defendant] is withholding documents in its possession, the court cannot issue an order compelling [the defendant] to produce documents it states it does not have.). citations omitted)); Ogden v.

Discovery

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 Court appears to have applied that standard to both Rule 37(e)(1) and 37(e)(2).

Burden Of Proof

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 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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Practice of Law

JUNE 25, 2025

It’s likely that the authors sued Anthropic on this strong hunch, and the evidence to back it up came later. The legal team they hired probably hired experts who combed through Anthropic’s datasets (obtained during discovery in the lawsuit) and matched them to the plaintiffs’ works. copyright law. FindLaw's Learn About the Law) D.C.

Precedent

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

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

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

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

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

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

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

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

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