E-Discovery LLC

OCTOBER 17, 2024

11, 2024), involved a request for discovery from a former Town attorney concerning an offer that he allegedly made to plaintiffs. The court: set out the governing standard for discovery from an attorney and, denied a request to depose the attorney; but, authorized a limited interrogatory to him. Albra , 2024 WL 4471672 (S.D.N.Y.

Discovery 130

Discovery Depositions Interrogatories Settlement Negotiations 130

E-Discovery LLC

SEPTEMBER 22, 2024

Among them were: general principles of discovery; the role of counsel in self-collection; discovery on discovery; the date that the litigation hold was triggered; whether reasonable post-trigger steps were taken; curative sanctions under Fed.R.Civ.P. It insists that it is not conducting unchecked discovery.”

Discovery 130

Discovery Burden Of Proof Litigation Evidence 130

E-Discovery LLC

DECEMBER 16, 2024

26, 2024)(unreported), dismissals for discovery violations were affirmed. Nguh, one owner, propounded discovery on Mr. Etame, the opposing owner. The Appellate Court wrote: Mr. Etame failed to respond to discovery, and on March 3, 2022, Ms. Etame did not appear for his deposition on March 10, 2022. As a result, Ms.

Discovery 130

Discovery Interrogatories Affidavits Pleadings 130

E-Discovery LLC

SEPTEMBER 18, 2024

the Court addressed two important discovery issues. Second , where a Rule 30(b)(6) deponent reviewed an allegedly privileged document in deposition preparation in order to refresh her memory, the privilege, if any, was waived. In Faulkenberry v. Austin , 2024 WL 4056761 (D. 5, 2024)(Coulson, J.), at *2 (emphasis added).

Depositions 130

Depositions Privileged Communication Witnesses Discovery 130

E-Discovery LLC

DECEMBER 17, 2024

Plaintiffs did not disclose the identity of the consultant or the work performed; however, it came out in Dr. Singers deposition. Tesla moved to compel the whole ball of wax identity, a deposition, all documents and communications, invoices, etc. 26(a)(2) governs discovery of expert testimony. Plaintiffs offered half a loaf.

Discovery 130

Discovery Depositions Trial Preparation Expert Testimony 130

E-Discovery LLC

OCTOBER 16, 2024

When it came to discovery, it wasn’t. RFP 1: “NO SUCH DOCUMENTS EXIST” Generally, when an attorney signs a discovery response under Fed.R.Civ.P. Discovery is the Lawyer’s X-Ray; However, an MRI May Not Be Reasonable (Sep. Kranz & Associates Holdings, LLC v. Lain , 2024 WL 4476655 (N.D. Lain also owned Tekvantage, Inc.

Discovery 130

Discovery Subpoenas Depositions Evidence 130

E-Discovery LLC

FEBRUARY 14, 2025

13, 2025), defendants waived their right to arbitration by moving to dismiss for failure to state a claim, negotiating an ESI Protocol, and engaging in discovery for 17 months. Discovery commenced after the Courts initial scheduling conference on August 15, 2023. Avis Rent a Car System LLC , 2025 WL 484588 (D.N.J.

Arbitration 130

Arbitration Discovery Litigation Depositions 130

E-Discovery LLC

NOVEMBER 27, 2024

They produced documents and a privilege log, but objected to a deposition. OLPC moved to compel a deposition and for additional documents or an updated privilege log. That motion was granted in part, with the court ordering the law firm to produce documents or an adequate privilege log and compelling the deposition.

Subpoenas 130

Subpoenas Discovery Depositions Objections 130

E-Discovery LLC

APRIL 10, 2025

The Sedona Conference has posted its Commentary on Discovery of Collaboration Platforms Data, Public Comment Version (Apr. 26(b)(1) states that [i]nformation within this scope of discovery need not be admissible in evidence to be discoverable, discoverable material that does not meet evidentiary standards may be of little or limited value.

Discovery 130

Discovery Evidence Litigation Objections 130

Discovery Advocate

MAY 21, 2020

As courts and litigants adapt to the new normal by instituting social distancing measures through remote hearings and depositions, how we preserve, collect and produce documents should not be an afterthought. Postpone that discovery until such a time it is safe and permissible to collect the potentially relevant data.

Discovery 130

Discovery Depositions Litigation Technology 130

Discovery Advocate

MAY 20, 2020

As courts and litigants adapt to the new normal by instituting social distancing measures through remote hearings and depositions, how we preserve, collect and produce documents should not be an afterthought. Postpone that discovery until such a time it is safe and permissible to collect the potentially relevant data.

Discovery 130

Discovery Depositions Litigation Technology 130

Attorney at Work

MAY 28, 2022

From time to time, opposing counsel may act in an uncivil or unprofessional manner during a telephone call, where there is no official record as there might be in a deposition or a written communication. During a Deposition. Opposing counsel may try to intimidate you during a deposition, hoping to fluster you if you are inexperienced.

Depositions 234

Depositions Objections Witnesses Discovery 234

WA Bar News

JUNE 11, 2024

In this column, we’ll address a narrower, but more common, subset of deposition misconduct that the ABA opinion touches on: improper “coaching” during depositions and improper objections intended to impede the questioner. 10 Second, we’ll focus on depositions rather than hearings or trials. Washington RPC 4.4(a)

Depositions 98

Depositions Witnesses Objections Discovery 98

Planet Depos

DECEMBER 15, 2024

There are countries that do not allow taking depositions for a number of reasons. This can obviously lead to numerous discovery problems that can make or break a case. So, what do you do if you need to depose a witness who resides in a country where depositions are not permitted? Pay for the witness travel.

Depositions 52

Depositions Discovery Witnesses Exhibits 52

Plaintiff Trial Lawyer Tips

JUNE 27, 2024

There are a volume of available ideas and outlines for the discovery deposition of a medical malpractice expert including advice to not take the deposition at all in some circumstances. FULL DETAILS 5 HOW MANY PAST DEPOSITIONS GIVEN? Here is a very basic outline, you can use as a format for your case.

Depositions 100

Depositions Witnesses Expert Testimony Discovery 100

Plaintiff Trial Lawyer Tips

OCTOBER 17, 2024

“By failing to prepare, you are preparing to fail” Benjamin Franklin In our office, my law partner and wife, Lita Barnett Luvera, legal responsibilities included preparing clients and witness for their deposition. Too often, lawyers tend to schedule an hour or two in their office on the day of the deposition to prepare their client.

Depositions 100

Depositions Interrogatories Witnesses Exhibits 100

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 130

Discovery Depositions Court Rules Evidence 130

Steno

JANUARY 6, 2025

Executive Summary Challenge: After decades of litigation experience, attorney Mike Marzban recognized that colleagues were often too shy to provide candid feedback on his deposition technique. He needed an objective way to evaluate his performance and identify potential blind spots in his questioning strategies.

Depositions 52

Depositions Objections Discovery Litigation 52

E-Discovery LLC

OCTOBER 7, 2024

Fact discovery closed a day before the court’s opinion; however, it had been extended for 14 days “for the purpose of taking depositions that couldn’t be scheduled before the discovery cut-off.” Plaintiffs’ made their proposal to Meta on August 23 rd , prior to the September 30 th milestone cutting off discovery.

Discovery 130

Discovery Depositions Witnesses Litigation 130

E-Discovery LLC

AUGUST 16, 2024

13, 2024), the court began its decision of discovery issues with: “At the hearing Plaintiffs tried to walk back this [discovery] request and said it was limited to refund data, rather than a wholesale redo of non-custodial discovery. In that time, StubHub has taken 35 depositions and moved for summary judgment.

Discovery 130

Discovery Interrogatories Depositions Litigation 130

E-Discovery LLC

OCTOBER 22, 2024

DILATORY AND UNPERSUASIVE CHALLENGE TO DEPOSITION NOTICE “The Court need not resolve the factual skirmish over whether Washington agreed to the topics in NNI’s Rule 30(b)(6) notice to resolve the motion. The State’s newly-minted objections to the deposition topics come far too late , and are not persuasive.” Discovery Guideline 1.f).

Objections 130

Objections Depositions Discovery Witnesses 130

E-Discovery LLC

APRIL 1, 2025

28, 2025), the court entered an order denying plaintiffs motion to compel supplemental document discovery and closing discovery. The court recited the discovery history and added: Despite the relative simplicity of this action, discovery has been anything but simple. Leadenhall Capital Partners LLP , 2025 WL 942414 (S.D.

Discovery 130

Discovery Depositions Litigation Affidavits 130

E-Discovery LLC

AUGUST 30, 2024

However, the Court also ordered that the parties have a court reporter transcribe the session and the Court reviewed the transcript to resolve post-meeting discovery disputes. For example, the defendant had noted the deposition of Ms. Jones to take place on Monday, February 27 th , which was the day before the discovery cutoff.

Depositions 130

Depositions Discovery Litigation 130

SW&L Attorneys Blog

FEBRUARY 13, 2025

Contributor: Lee Grossman What Is a Deposition? Part of the civil litigation process involves gathering evidence, known as discovery. Part of the civil litigation process involves gathering evidence, known as discovery. A deposition allows attorneys to ask questions of witnesses who provide sworn testimony under oath.

Depositions 64

Depositions Witnesses Pretrial Motions Litigation 64

E-Discovery LLC

OCTOBER 10, 2024

1, 2024), opens with the court’s statement that: The parties jointly ask to extend the discovery deadline and continue the trial. As the parties have demonstrated that they cannot manage the discovery process efficiently on their own, court oversight is necessary. Then, they “asked for and received 10 months to conduct discovery.”

Discovery 130

Discovery Mediation Depositions Litigation 130

E-Discovery LLC

AUGUST 13, 2024

The Court “presided over a discovery dispute hearing related to Plaintiff’s motions to compel interrogatory requests and requests for production of documents, and related to a motion for a protective order filed by the Defendant.” Sometimes Discovery Disputes Do Not Bring Out the Best in Us – Part II (Jun. 7, 2024)(Simms, J.),

Discovery 130

Discovery Depositions Interrogatories Objections 130

E-Discovery LLC

MAY 31, 2024

This case is, in part, a trade secret case involving alleged misappropriation of source code, so requests seeking production of source code and related data are an expected part of discovery…. The court proceeded to resolve a number of other discovery issues. 1, 2023)( untimely discovery objection was waived); cf.

Interrogatories 130

Interrogatories Discovery Objections Counterclaim 130

E-Discovery LLC

JANUARY 15, 2025

Plaintiffs sought class certification discovery. Plaintiffs asserted, however, that Defendant insists on keeping its relevant custodians and data sources to itself (or at least forcing Plaintiffs to try and discover the same through interrogatories and depositions). Artsana USA, Inc., 2025 WL 50373 (S.D.

Discovery 130

Discovery Interrogatories Objections Depositions 130

The Cloud Court Blog

SEPTEMBER 28, 2022

“The deposition is the new trial.” – Jim Garrity, 10,000 Depositions Later podcast Jim Garrity, an employment attorney based in Florida, has produced scores of podcasts and published multiple books on the topic of depositions. And today, almost all testimony is in the form of deposition testimony for the reasons cited above.

Depositions 52

Depositions Witnesses Litigation Admissibility 52

E-Discovery LLC

MAY 30, 2024

PNI objected to discovery in part by asserting several privileges. After document was used in a deposition, PNI sought a “clawback” under the ESI Protocol. As it stands, the discovery period in this case expires on June 5, 2024 (a date the parties jointly requested approximately a month ago)….

Discovery 130

Discovery Depositions Objections 130

E-Discovery LLC

APRIL 21, 2025

See, e.g., EDRM Search Guide ; The Sedona Conference Best Practices Commentary on the Use of Search and Information Retrieval Methods in E-Discovery The following are a few exemplar decisions that set the stage: In Re Seroquel Prod. Liability Antitrust Litigation , 244 F.R.D. Equity Analytics, LLC v.

Discovery 130

Discovery Depositions Litigation Affidavits 130

E-Discovery LLC

FEBRUARY 11, 2025

Both discovery motions were granted in part and denied in part. The Cooper Court also ordered discovery of a cell phone providers text message log as a useful cross-check on the completeness of discovery. Defendants argue that Plaintiff testified at deposition that she did not communicate with Mr. Roberts on his work phone.

Cross-Examination 130

Cross-Examination Cross-Complaint Discovery Subpoenas 130

E-Discovery LLC

APRIL 14, 2025

No Privilege Log is Necessary in Limited Circumstances When Discovery Requests Are Overbroad (Apr. If that is done, then: The party asserting privilege must establish an evidentiary basisby affidavit, deposition transcript, or other evidencefor each element of each privilege/protection claimed for each document or category of document.

Subpoenas 130

Subpoenas Discovery Witnesses Depositions 130

E-Discovery LLC

MARCH 8, 2025

Plaintiff essentially ignored its obligations under the discovery order and made no attempt to even contact a vendor until after the order was entered by Magistrate Judge Jackson. See Too Busy to Respond to Discovery = Waiver of Objections & Sanctions (Nov. Plaintiffs position on this issue was not substantially justified.

Discovery 130

Discovery Objections Interrogatories Litigation 130

E-Discovery LLC

DECEMBER 19, 2024

Plaintiffs later noted the deposition of a non-party, Dr. Fanning on March 29, 2024. Fanning and well before the deposition. The court also wrote that: The parties attempted to postpone Dr. Fannings deposition to allow time to review the Fanning Documents, but the court denied the request. Objections were due by July 10 th.

Depositions 130

Depositions Subpoenas Evidence Discovery 130

E-Discovery LLC

MARCH 6, 2025

3, 2025), the court issued another hyperlinked document discovery decision arising out of the parties ESI Protocol. One More Thing to Consider Discovery is not an end to itself. Managing E-Discovery and ESI (ABA 2011), Chap. Berman, Use of ESI in Depositions, Chap. Managing E-Discovery and ESI (ABA 2011).

Technology 130

Technology Discovery Evidence Litigation 130

E-Discovery LLC

MAY 14, 2025

The decision begins: Before the Court is a discovery dispute that underscores the importance of counsel fashioning clear and comprehensive agreements when navigating the perils and pitfalls of electronic discovery. When it comes to discovery of text messages, Fed.R.Civ.P. 26(f)(3)(B) provides an under-used tool. Emphasis added].

Discovery 130

Discovery Evidence Litigation Objections 130