E-Discovery LLC

OCTOBER 15, 2024

July 22, 2024), the Court addressed the type of objections that a subpoenaed non-party may make. That was a novel issue in Maryland. The Court held “that [nonparty] TST had standing to challenge the subpoena on grounds that some of the requests were overbroad and not relevant to the subject matter involved in the divorce action.”

Subpoenas

E-Discovery LLC

APRIL 4, 2025

the Court set out and applied the principles governing subpoenas and objections to them. The Court explained the dispute: Mr. Hall alleges that BPD and three former officersDonald Licato, Frank Barlow, and John Barrickconcealed exculpatory evidence and coerced false witness testimony during Plaintiffs 1992 murder trial.

Subpoenas

E-Discovery LLC

OCTOBER 16, 2024

When it came to discovery, it wasn’t. Krantz issued third-party subpoenas to Tekvantage and Teknowledgies. While much of the Kranz & Associates decision focuses on a rejected assertion of spousal privilege in response to the subpoena to the husband’s company, this blog focuses on the Tekvantage subpoena to Ms.

Discovery

E-Discovery LLC

APRIL 22, 2025

15, 2025), the court ordered discovery of litigation hold notices. In my opinion, and while I agree with the result, the legal issues governing the discovery of litigation hold notices and implementation need clarity and national uniformity. The EEOC served a subpoena on the third-party custodian. Aspire Regional Partners, Inc.,

Discovery

E-Discovery LLC

SEPTEMBER 12, 2024

34 discovery requests propounded by defendant Meta Platforms, Inc., 34 discovery requests propounded by defendant Meta Platforms, Inc., Meta responded that Rule 34 requests were proper and it should not be forced to serve over 200 subpoenas under Rule 45. 2024), applies the “legal control” standard to Fed.R.Civ.P.

Subpoenas

E-Discovery LLC

APRIL 22, 2025

The Sports Rehab court found that the personal devices were not in Vail Healths possession, custody, or control and that the proper procedure would have been for plaintiffs to issue subpoenas. As to the third, there was no evidence that Vail Health could compel him to turn over his phone. at 6; see also id.

Subpoenas

Discovery Advocate

JUNE 8, 2023

Relying on an employee’s memory without an accompanying thorough discussion – informed by potentially relevant technical considerations of where data may reside and a more robust effort to locate it – is unlikely to constitute a “reasonable search” for purposes of defending a response to a request for non-objectionable discovery.

Subpoenas

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

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. Accurate and Complete Discovery Responses Can Be Strategically Advantageous (May 13, 2024). 5, 2025)(Coulson, J.),

Cross-Examination

Discovery Advocate

JUNE 7, 2023

Relying on an employee’s memory without an accompanying thorough discussion – informed by potentially relevant technical considerations of where data may reside and a more robust effort to locate it – is unlikely to constitute a “reasonable search” for purposes of defending a response to a request for non-objectionable discovery.

Subpoenas

Discovery Advocate

JANUARY 26, 2024

The updates reinforce the “longstanding obligation” to preserve and produce all responsive documents, including data from ephemeral messaging applications that allow messages to disappear or are designed to hide evidence.

Subpoenas

E-Discovery LLC

NOVEMBER 26, 2024

Defendant Kroger moved to quash a subpoena served by the plaintiff, Mr. Whitmore, on a nonparty claims investigator, Sedgwick Claims Service. Because Kroger did not rely on the subpoena rule, Fed.R.Civ.P. Mr. Whitmore issued a subpoena to Sedgwick for email, communications, and video footage regarding the claim.

Subpoenas

E-Discovery LLC

NOVEMBER 14, 2024

to preliminarily enjoin enforcement of a subpoena issued by Mr. Bonta in connection with a California investigation. Of course, as plaintiff, Plastics Industry Association needed to establish personal jurisdiction over Mr. “As part of that investigation,” Mr. Bonta sent preservation letters, and then subpoenas, to two Washington, D.C.

Subpoenas

E-Discovery LLC

DECEMBER 19, 2024

Plaintiffs said that SCA was served with a copy of the subpoena on March 27 th , two days prior to serving it on Dr. Fanning and well before the deposition. Plaintiffs contended that SCA did nothingsuch as objecting or filing a motion to quashsince it received notice of the Subpoena. Pursuant to Fed. 502(a)(2) and (3). 26(b)(5)(B).

Depositions

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. Emphasis added].

Evidence

E-Discovery LLC

APRIL 11, 2025

The Special Master wrote: The Motion concerns Allergans request to compel Revance to search the personal devices of four individuals for documents responsive to Allergans discovery requests. Non-defendant employees are not immunized from discovery. citation and quotation omitted). I have suggested the need for a national standard.

Discovery

Percipient

MARCH 10, 2022

Early case assessment (ECA) provides an opportunity to understand documentary and digital evidence. ” While ECA is often associated with electronic discovery and the early analysis of electronically stored information (ESI), its scope should not be so limited. .” The results: savings to the tune of almost $400,000.

Discovery

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.

Cross-Examination

Discovery Advocate

NOVEMBER 26, 2018

civil and criminal law to define a party’s requirement to produce evidence pursuant to a subpoena, document request, regulatory inquiry or similar. The CLOUD Act focuses on whether the recipient of a request has control over the data ‒ specifically, whether there is “possession, custody, or control,” as used in both U.S.

Cross-Examination

Discovery Advocate

NOVEMBER 25, 2018

civil and criminal law to define a party’s requirement to produce evidence pursuant to a subpoena, document request, regulatory inquiry or similar. The CLOUD Act focuses on whether the recipient of a request has control over the data ‒ specifically, whether there is “possession, custody, or control,” as used in both U.S.

Cross-Examination

SW&L Attorneys Blog

FEBRUARY 13, 2025

Part of the civil litigation process involves gathering evidence, known as discovery. Attorneys do this by sending written questions called interrogatories , issuing subpoenas , and holding depositions. A general rule of thumb: if the case does not involve criminal charges or juveniles, its probably civil litigation.

Depositions

Percipient

FEBRUARY 10, 2022

While evidence and data from mobile devices has long been important in legal projects , requests to collect forensic images from mobile phones, laptops, and the like continue to increase. Pros of targeted forensic collections: speeds up e-discovery process because of less processing time.

Subpoenas

Joseph, Hollander & Craft

MAY 15, 2025

This is done through discovery, which could involve subpoenas to get as much data on the marital finances as possible. If there is significant evidence that you can use against your ex-spouse, they may be more likely to settle. The state may choose to pursue criminal charges.

Finance and Banking

3 Geeks and a Law Blog

AUGUST 29, 2023

Kristin explained that DISCO’s vision is to create great legal technology that helps lawyers find evidence faster. Their product suite now covers the entire litigation lifecycle, from intake to discovery to case management. But our goal is to build a great technology for lawyers to help them find evidence faster.

Technology

E-Discovery LLC

APRIL 8, 2025

28, 2025), the court granted in part and denied in part a motion to quash subpoenas issued to AT&T, Verizon, and T-Mobile (the Wayfarer Parties) by Ms. Lang, Ruling in Blake Lively’s Subpoena for Justin Baldoni Phone Records (Feb. 25, 2025); Reasonably Calculated to Lead to Discovery of Admissible Evidence (Nov.

Subpoenas