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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

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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. Second , it wrote that the duty to preserve “is triggered when litigation is reasonably anticipated.” Rather, this duty begins somewhere between knowledge of the dispute and direct, specific threats of litigation.”

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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.

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37 Deposition Instructions For Your Witness (Updated)

Planet Depos

Deposition (law) A deposition is the act of taking sworn testimony whereby litigants obtain information from each other in preparation for trial. Do not think that you can end or shorten the ordeal of cross-examination by making concessions to the attorney questioning you. What is a deposition? Don’t go too long without a break.

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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. This isn’t just for litigation or investigations.

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From Volatility to Vision: June 2025 HSR Filings Show Steady Strategic Focus

Complex Discovery

Editor’s Note: This report examines U.S. The integration of records management, compliance standards, and cross-border data frameworks is critical, particularly as deals often involve multinational entities and jurisdictional complexities.

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Making News: Talking With the Media

WA Bar News

When lawyers and public media cross paths, many issues can arise. 2 Second, we will look at whether the litigation privilege, which generally shields lawyers from defamation claims for statements made in the courtroom, extends to statements to the media. In this column, we will look at three. Washington RPC 3.6 First, RPC 3.6(a)