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Court’s Use of a Special Master to Assist EEOC in Obtaining Discovery from Defendant

E-Discovery LLC

18, 2025) (“ Genesh IV ”), after several rulings adverse to Genesh, the court appointed a Special Master to facilitate the plaintiff EEOC’s discovery from the defendant , Genesh, Inc. A substantial amount of discovery took place before Ms. 45 in connection with a subpoena for LZ’s protected school records. Genesh, Inc.,

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Application of Work-Product Doctrine to Materials Prepared Years After Incident

E-Discovery LLC

The decision is one part of vigorously-litigated [1] discovery in a civil rights lawsuit. Defendants sought discovery of those materials, arguing that certain entries related to only “fact work product” that should be disclosed. The Court wrote: The distinction is critical to discovery disputes. Hall , 2025 WL 1024069, at *2.

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Based on the ESI Protocol, the Limiting “Apex Deposition” Doctrine Applied to Objections to the Designation of a Document Custodian

E-Discovery LLC

45 subpoena duces tecum could not have been served on the non-party document custodian and avoided the designation issue. May 5, 2025), For more on the “apex doctrine” outside of the context of document custodians, please see “Apex” Depositions of High Government Officials Under the “Morgan” Doctrine (May 20, 2025). Lambert , __ Md.

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Initial Disclosures Cannot Await Expert Opinions

E-Discovery LLC

It has also generated a cottage industry of discovery decisions. Westlaw lists 13 decisions (not all on discovery) since February 2025. Vasquez, Blake Lively’s Deposition Pushed Back by 2 Weeks After Judge’s Latest Ruling in Justin Baldoni Case (Jul. Wayfarer Studios LLC, 2025 WL 1999355 (S.D.N.Y. 14, 2025); I. 14, 2025); E.

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Three Motions for Sanctions Denied Under ESI Rule and Common Law

E-Discovery LLC

The Court pointed to several salient facts: “Curiously, Plaintiff testified at deposition that she had not even retained a lawyer until nearly one month after the call.” “But Cooper had asked for test results early, she did not ask for the swabs until late in the discovery process. Roberts was fired the next day.

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Legal Ethics & Malpractice Reporter, Vol. 6, No. 7

Joseph, Hollander & Craft

The law firm found that many of its lawyers were being required to take on collateral activities, such as giving depositions, and were, presumably, having some difficulty being paid for this work from estates. a) provides that a lawyer shall not make an agreement for, charge, or collect “a clearly excessive fee.”

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What “Expenses” Can a Non-Party Recover for Complying With a Discovery Subpoena?

E-Discovery LLC

20, 2024), the court addressed recovery of expenses by non-parties for responding to a subpoena. 45 (“Subpoena”) states: (b)(1) – Under some circumstances, witness fees and mileage must be paid. [1] d)(3)(B) – A court may, on motion, ensure “that the subpoenaed person will be reasonably compensated.” Fed.R.Civ.P.