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Defendants moved to stay all discovery deadlines pending a resolution of their motion to compel arbitration and for a stay pending arbitration. The motion to stay discovery was granted. The Court wrote that: It is axiomatic that district courts enjoy substantial discretion in managing discovery. 10, 2025)(Austin, J.),
May 30, 2025), the EEOC prevailed on several discovery disputes. It prevailed because its attorneys did their homework and supported their litigation position with facts. The agency moved to compel discovery responses. The EEOC also asked the court to order Mia Aesthetics to retain an e-discovery vendor. Zubulake (Aug.
E-discovery blazed across the litigation sky more than two decades ago. Ball, Electronic Discovery Workbook (2019), 47 n. E-discovery is more complex than paper discovery; but then, electric lighting is more complex than candles, and cars more complex than bicycles. Forensic expert Craig Ball, Esq., State Bar Assn.
13, 2025)(unreported), [1] sanctions were imposed for failure to comply with discovery milestones in a scheduling order. The principal function of a scheduling order is to move the case efficiently through the litigation process by setting specific dates or time limits for anticipated litigation events to occur. July 9, 2023).
26(a)(2) governs discovery of expert testimony. The Jackson court cited Ninth Circuit authority for the proposition that the non-testifying expert rule is not intended to impede discovery about testifying experts. Tesla moved to compel the whole ball of wax identity, a deposition, all documents and communications, invoices, etc.
12, 2024), discussing In Re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation , 2024 WL 4125618 (N.D. The court applied the “legal right” test for what was in the litigants’ possession, custody and control under Fed.R.Civ.P.34. quoting Cook v. Meta Platforms, Inc., 2024 WL 4133811 (N.D.
The court anticipated a large volume of ESI in diverse forms and, citing precedent, wrote: An ESI protocol has to be specific or it doesnt mean anything. One problem with ESI Protocols, and one of their advantages , is that – – unlike a discovery plan – – the term ESI Protocol is not defined anywhere.
In response, I have published multiple blogs echoing Judge Grimm: Protecting the Judiciary E-Discovery LLC (Jan. 30, 2025); Marylands Protection of the Judiciary E-Discovery LLC (Apr. 10, 2024); American Bar Association Statement on Threats Against the Judiciary E-Discovery LLC (Apr. Americans expect no less.
MIDDLE DISTRICT PRECEDENT The Orlando Health court cited Middle District Discovery (2021) §VIII (requiring cooperation amongst counsel regarding discovery of ESI and encouraging counsel to discuss protocols for exchange of ESI) and Local Access, LLC v. Discovery Plan” (Jan. Section VIII.F emphasis added]. 13, 2023).
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.
Passenger Sexual Assault Litigation , 2025 WL 678543 (Mar. 3, 2025), the court issued another hyperlinked document discovery decision arising out of the parties ESI Protocol. While production issues concerning hyperlinked or modern attachments have been extensively litigated, in this blog I discuss some related evidentiary issues.
Drawing from the European Commission’s Generative AI Outlook Report – Exploring the Intersection of Technology, Society and Policy (JRC142598), it examines the legal and ethical questions emerging as AI tools increasingly generate content that influences decisions in litigation, compliance, and client representation.
Newport Beach California Business Litigation Law B
FEBRUARY 4, 2025
If options like mediation fail, then you may need to consider litigation (i.e., Litigation empowers you to resolve disputes and protect your assets and reputation. How Business Litigation Works Business litigation is a structured legal process designed to resolve disputes. Litigation can drain your resources and time.
While it is not clear to me, it appears that the exhibits were primarily expert reports in other litigation. 113 Another recent decision stated: The undersigned is cognizant of the well-established Fourth Circuit precedent recognizing a presumption in favor of public access to judicial records. BP raised other issues. A shcraft v.
For example, if a client sends a privileged email to counsel seeking legal advice, and attaches several files, neither the email nor the attached files need to be produced in discovery. It quoted precedent that “communications of facts are privileged even if the original facts are not. But, there are major caveats. In Jared S.
Predictive Analytics AI can predict case outcomes based on historical data and legal precedents to help lawyers and clients make more informed decisions about litigation strategies, settlement negotiations, and risk assessment.
I think that the problem often arises in connection with the settings on a litigation review platform. Many thanks to Doug Austin for Responsive Nonprivileged Documents Attached to a Privileged Communication Must Be Produced (Jan. 23, 2025), discussing In re Bard Implanted Port Catheter Prods. MDL 15-2641 PHX DGC, 2016 WL 3970338, at *9 (D.
When ruling on protective orders for executive depositions, courts generally ask whether: (1) the official has unique personal knowledge of the disputed matter; (2) the information can be collected through less intrusive discovery methods; and (3) the deposition unduly interferes with the officer’s professional duties. Lederman v.
PURPOSE OF ANTI-SLAPP LAWS The purpose of anti-SLAPP laws is to prevent litigants from suing and threatening suit as a means of stifling speech on issues of public concern. It allows a defendant to bring an early summary judgment motion before conducting lengthy and expensive discovery. Expression Prot. Act prefatory note intro.,
Industry Newsletter Five Great Reads on Cyber, Data, and Legal Discovery for April 2025 ComplexDiscovery Staff Welcome to the April 2025 edition of ComplexDiscovery Os Five Great Reads. Informed by more than 1,250 incident responses, the report highlights trends in cyberattacks, forensic costs, litigation outcomes, and vendor management.
AI helps legal professionals find relevant case law, statutes, and precedents by searching and summarizing vast legal databases. E-discovery. Predicting legal outcomes can be very valuable since it allows an attorney to decide whether to take a case, how much to invest in experts, or whether to advise clients to settle or litigate.
This environment presents both challenges and opportunities for professionals in cybersecurity, information governance, and electronic discovery who serve as critical enablers of secure, compliant M&A activity. This reveals a transactional landscape characterized by measured corporate behavior and strategic recalibration.
For instance, machine learning can predict litigation risks based on similar cases, identify trends that might impact a client, or flag unusual clauses in contracts that might need extra attention. AI-Powered Legal Research Tools AI legal research tools take the hassle out of finding case law, statutes, and precedents.
Circuit Court of Appeals’ February decision that deemed AbbVie’s patent litigation against Perrigo a “sham.” AbbVie vehemently denies wrongdoing and argues that the decision sets a dangerous precedent that could undermine attorney-client privilege across the board.
meatpacking industry’s ‘Big Four’—Tyson, JBS, Cargill, and National Beef—marks a significant moment in antitrust litigation, with serious implications for both corporate governance and market competition. seeks a jury trial that could set a transformative precedent in antitrust adjudication. meatpacking industry.
This article unpacks how Nokia leveraged its IP portfolio to challenge Amazons use of video streaming and cloud technologies, leading to a wave of litigation. For eDiscovery experts, the case illustrates the complex intersection of digital evidence, cross-border discovery, and the expanding scope of patent enforcement in cloud environments.
The DMA offers European officials unprecedented authority to mandate changes in the business operations of major online platforms, bypassing the lengthy antitrust litigation process. The Commission’s dual role as both investigator and enforcer of the DMA sets a powerful precedent for regulating multinational tech companies.
Introduction In today’s digital age, electronic discovery, or eDiscovery, plays a crucial role in the legal process. The vast amount of electronically stored information (ESI) makes it essential for legal professionals to adopt effective eDiscovery strategies for navigating the complex world of litigation.
This uncertainty affects businesses considering when they must file actions and those assessing whether a risk of anticipated litigation has been extinguished. This is not without precedent. Those risks include a premature rush to court when the parties are making progress toward resolving a potential dispute short of litigation.
Reviewing Massachusetts case law, the court found no precedent for Ms. It also focused on the word “any” that preceded the word “communication.” This blog was initially posted on Electronic Discovery Reference Model and JD Supra. __ [1] Prof. Vita’s more expansive definition. In short, the hospitals lied. at *21, 23.
First, by focusing on these two areas, I definitely do not imply that these are the only issues that can arise in either depositions or discovery more broadly. 9 Washington’s appellate courts have also long spoken to the need to “play fair” in discovery generally and with witness testimony in particular. Washington RPC 4.4(a)
Jeffrey Kessler, the attorney representing the plaintiffs, aims to obtain full financial transparency through litigation to demonstrate these perceived grievances. The outcome of this case could set a precedent, influencing how financial practices within NASCAR and potentially other leagues are structured moving forward.
This uncertainty affects businesses considering when they must file actions and those assessing whether a risk of anticipated litigation has been extinguished. This is not without precedent. Those risks include a premature rush to court when the parties are making progress toward resolving a potential dispute short of litigation.
Also, identify any real-world legal precedents or principles this case might establish." Why It Works: This prompt provides context and specificity, enabling AI to help with initial case review, preliminary legal research, and identification of potential precedents.
The ongoing litigation between music industry titans and AI firms like Suno and Udio could set critical precedents for how copyrighted material is protected and used in the AI era. As the courts grapple with these complex issues, the outcomes will likely shape the future of both the music and AI industries.
This has generated a lot litigation over them. 9, 2025); Requests for Tower-Dump or Tower-Extraction Search Warrants Declined Under Geofence Precedent (Mar. WARRANT I WAS VALID Warrant I was narrowly tailored as to time and place and likely to lead to the discovery of evidence. For example: Jones v. State , 913 S.E.2d
Industry News – Artificial Intelligence Beat Meta Faces Lawsuit in France Over AI Copyright Infringement Allegations ComplexDiscovery Staff In a significant legal action, several French publishing associations have initiated litigation against Meta Platforms Inc. Additionally, Meta previously faced litigation in the U.S.
The court cited precedent that contemporaneous statements are unique: “Memory inevitably fades and with it the accuracy of witness statements. emphasis added]. Accounts rendered from fresh recollections are universally held to be more reliable that those given after time has passed.”
These platforms can identify relevant precedents and flag key points of law. E-Discovery and Digital Forensics: Electronic discovery (e-discovery) has become a crucial aspect of modern litigation. Through machine learning algorithms, e-discovery platforms can quickly identify patterns and connections in data.
Understanding the implications of this lawsuit can provide valuable insights into how similar technologies might be scrutinized or litigated in the future. Industry News – Antitrust Beat Antitrust Lawsuit Against RealPage Raises Concerns Over AI-Driven Collusion ComplexDiscovery Staff The U.S.
Here’s how they’re using it: Legal research Document review Due diligence E-discovery While some lawyers enthusiastically embrace AI for its potential to enhance efficiency and accuracy, others remain cautious. They can also analyze and summarize complex legal texts, helping lawyer s identify key points and precedents quickly.
As litigation unfolds, its outcome could shape how AI companies engage with copyrighted material and influence future regulations on AI training data. The litigation, filed in the U.S. The outcome could set precedents for how AI firms might legally and ethically use content for both training and real-time tasks.
In her current role, Katie focuses on leveraging technology like AI to improve the litigation process for lawyers. Their product suite now covers the entire litigation lifecycle, from intake to discovery to case management. The hosts also introduced Kristin Zmrhal, who has over 20 years of experience in the legal tech space.
the operator of Snapchat, faces litigation initiated by Florida Attorney General James Uthmeier. As these proceedings unfold, they may set a precedent for how digital platforms operate within legal constraints, reflecting broader shifts toward stricter oversight of digital environments. In a parallel scenario, Snap Inc.,
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