Practice of Law

JUNE 18, 2025

He’s singled out for possible personal sanctions due to his conduct during discovery.

Discovery

Law Sites

JULY 17, 2025

One of the areas of legal practice in which generative artificial intelligence is having a significant impact is litigation, bringing new products designed to handle the time-intensive work of conducting discovery, sifting through evidence, analyzing depositions and preparing for trial.

Depositions

E-Discovery LLC

AUGUST 9, 2024

Plaintiff also presented a fall-back privilege log issue: “Plaintiff argues that if Defendant is permitted to withhold the video until after his deposition, he should be required to include more detail on his privilege log, including exact dates of surveillance and descriptions of the video(s)’ contents.” at *1 (citing cases).

Depositions

E-Discovery LLC

AUGUST 14, 2024

defendant was sanctioned for belatedly canceling depositions that were scheduled at the discovery cutoff date. In this employment discrimination case, the defendant had noted depositions of Ms. Jones’ deposition. We notified you as soon as we learned the depositions would not be going forward.” 7, 2024)(Simms, J.),

Depositions

E-Discovery LLC

DECEMBER 18, 2024

In response to the Taylor plaintiffs, Google challenged unreasonably broad demands for discovery on discovery, [that] are unsupported by any showing that relevant evidence is missing or that Googles production is deficient or otherwise improper. In my opinion, that omission was dispositive almost by itself. Grimm, Michael D.

Discovery

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

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

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

E-Discovery LLC

MAY 20, 2025

May 5, 2025), addressed the important issue of apex depositions in the governmental context. Plaintiffs, a parent and a school-age minor, in a personal injury claim against a school system sought the depositions of nine high-ranking government employees. May 19, 2025)(deposition of CFO and Senior V.P. of private entity).

Depositions

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. Discovery is the Lawyer’s X-Ray; However, an MRI May Not Be Reasonable (Sep. Lain’s entity.

Discovery

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

WA Bar News

JUNE 11, 2024

should not be considered as evidence. 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.

Depositions

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

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

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

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

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

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

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

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

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

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 is held outside the courtroom setting.

Depositions

E-Discovery LLC

APRIL 14, 2025

Hall’s claims arise from the Defendants alleged concealment of exculpatory evidence and coercion of witness testimony during Mr. Halls 1992 murder trial. No Privilege Log is Necessary in Limited Circumstances When Discovery Requests Are Overbroad (Apr. This blog was initially posted on Electronic Discovery Reference Model.

Subpoenas

E-Discovery LLC

AUGUST 21, 2024

See Felder Part 2 of 4: Defendant Sanctioned for Late Cancellation of Depositions. Plaintiff sought discovery of video footage “of an interaction” with her former manager and security personnel who had allegedly forcibly removed her from defendant’s premises. 4, 2023); Discovery About Discovery – When Was Duty to Preserve Triggered?

Evidence

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

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

E-Discovery LLC

JANUARY 8, 2025

The Red-D-Arc court reviewed the discovery and determined that plaintiff had made a prima facie showing of noncompliance with Rule 33(d) in particular that the information is not fully contained in the documents provided. However, the Red-D-Arc court found insufficient evidence to support the application of that principle.

Interrogatories

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

E-Discovery LLC

OCTOBER 6, 2024

But, the Court found and held that there was no evidence that the defendants had read the emails after plaintiff’s termination. The Court rejected invasion of privacy and wiretap claims because there was no evidence that the employer had read the emails after the plaintiff was terminated. Shapiro’s post-termination emails.”

Evidence

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

CaseFox

MARCH 23, 2023

Investigation: Once you have hired an attorney, they will conduct a thorough investigation to gather evidence to support your claim. Deposition or Negotiation: In many cases, the responsible party or their insurance company will attempt to negotiate a settlement with you rather than go to trial.

Depositions

Plaintiff Trial Lawyer Tips

OCTOBER 31, 2024

THREE PRIMARY DEFENSE CLAIMS __ __ __ PLAINTIFF PROOF OF CAUSATION __ DEFENDANT CAUSATION DEFENSE _ PRELIMINARY STATUS REVIEW  Review local rules regarding deadlines and requirements DISCOVERY REVIEW Interrogatories  Review defendant’s answers to interrogatories. Note incomplete answers for motion. Supplement if needed.

Cross-Examination

SW&L Attorneys Blog

MARCH 15, 2025

Discovery is a critical component of the legal process, enabling parties to obtain necessary evidence and documents relevant to a case. Scope And Limitations Of Discovery The scope of discovery is contingent upon the specifics of the case at hand; generally, any relevant non-privileged information is deemed discoverable.

Discovery

E-Discovery LLC

AUGUST 31, 2024

499 (2024), addressed introduction of a “composite” video as summary evidence and the use of police officers’ testimony describing it. Maps of the neighborhoods were admitted into evidence, showing the locations of the cameras by number and direction each camera was facing. State , 261 Md. at 509-510.

Admissibility

E-Discovery LLC

MAY 19, 2025

37(e), writing: Defendants asks the Court to dismiss Plaintiff’s case with prejudice due to Plaintiff’s alleged spoliation of evidence, and also seek attorneys fees and costs incurred related to these issues, including the costs and fees associated with their motion. THE COOPER COURT APPLIED Fed.R.Civ.P.

Evidence

Attorney at Work

JANUARY 11, 2022

With billions documenting their life from the banal to the audacious, these services have become a treasure trove for discovery. It’s challenging to obtain a damaging admission during a deposition, but social media feeds and chat threads contain more admissions than a Taylor Swift confessional.

Technology

Complex Discovery

JULY 9, 2024

Grewal characterized their pursuit as a quest for “reasonable discovery” in response to the SEC’s June 2023 lawsuit. Paul Grewal, Coinbase’s Chief Legal Officer, emphasized the importance of these documents in a July 3 social media post.

Defense Strategy