article thumbnail

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

E-Discovery LLC

A motion for a forensic examination was granted in PlayUp, Inc. While the producing party’s failures were epic, the thoughtful discussion of the governing standard for forensic examinations is important. Mintas moved to compel or for a forensic examination. Mintas later filed a second motion for forensic examination. “In

article thumbnail

Three Motions for Sanctions Denied Under ESI Rule and Common Law

E-Discovery LLC

The Court ordered a forensic examination of the work phone by James Vaughn of iDiscovery Solutions. “Mr. While there was a gap in the chain of custody, “Plaintiff presents no evidence that anything has been lost from the phone.” Therefore, “in the absence of any evidence of a loss of data,” no sanctions were justified.

Insiders

Sign Up for our Newsletter

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

article thumbnail

EXPERT WATCH 5: AN EXPERT SHOULD DISCLOSE PREVIOUS CRITICISMS MADE BY JUDGES: PARTICULARLY WHEN THEY HAVE BEEN WARNED ABOUT THIS BEFORE…

Civil Litigation Brief

We have seen a trend in a number of recent cases of advocates cross examining experts and referring to judicial criticism made in previous cases that experts have been involved in. The judgment here goes one further and indicates that.

article thumbnail

37 Deposition Instructions For Your Witness (Updated)

Planet Depos

The chief value of a deposition, as with any discovery proceeding, is to give all litigant parties in a contested case a fair preview of the evidence so that a “level playing field” is achieved and surprise (traditionally regarded as an unfair tactic) is avoided at time of trial. Don’t go too long without a break.

article thumbnail

Five Great Reads on Cyber, Data, and Legal Discovery for June 2025

Complex Discovery

We also look beyond immediate threats to examine how emotional AI is reshaping relationships and how eDiscovery practices are being redefined by cost trends and automation. The second article, “ Cybersecurity Breaches Highlight Challenges for Media Organizations ,” examines a targeted cyberattack on The Washington Post. Grimm (ret.)—unpacks

article thumbnail

Managing Emerging Data in eDiscovery: Lessons from LegalTechTalk 2025

Complex Discovery

Together, the panel examined the accelerating complexity of emerging data sources—ranging from collaboration platforms and cloud applications to ephemeral messaging and generative AI—and their growing role in legal investigations, regulatory response, and discovery workflows. News Sources Makin, Tom, et al.

article thumbnail

SCOTUS Dismisses Mexico's Case Against U.S. Gun Manufacturers

Practice of Law

Bullets Crossing Borders You probably have heard that Mexico has a big gun problem. The Court concluded that Mexico failed to demonstrate sufficient evidence that these companies actively participated in illegal gun sales or intended for their firearms to be used unlawfully.