E-Discovery LLC

JULY 3, 2025

Before turning to the applicable legal principles, the Court wrote: “Important to the Court’s decision making here, the test results from these two tests were both preserved and provided to Plaintiff in discovery, and the parties do not dispute that the results were inconclusive.” citation omitted]. citation and quotations omitted].

Evidence

E-Discovery LLC

JULY 1, 2025

A motion to compel the designation of an “apex” non-party document custodian was granted in In Re Mosaic LLM Litigation , 2025 WL 176001 (N.D. In Re Mosaic LLM Litig., 45 subpoena duces tecum could not have been served on the non-party document custodian and avoided the designation issue. 2025 WL 1755650, at *1 (N.D.

Objections

Percipient

JULY 1, 2025

But with digital transformation comes legal complexity–especially when responding to subpoenas for electronic communications. Failure to comply with the SCA when responding to subpoenas can lead to significant legal and financial repercussions, reputational damage, and even loss of customer trust.

Subpoenas

E-Discovery LLC

JULY 28, 2025

17, 2025), applies the “ Touhy ” Regulations to a federal subpoena directed to a government contractor. The court added: “Under these regulations, as a DHS contractor, Defendant [MVM] bears as much responsibility as Plaintiffs to provide Plaintiffs’ discovery requests to DHS. 2025 WL 202303 (S.D. Section 5.41(a) Section 5.41(b)

Discovery

E-Discovery LLC

JUNE 8, 2025

June 5, 2025), is another in a series of discovery decisions in the dispute involving Ms. In this iteration, third-party defendant Jonesworks moved for a protective order prohibiting the Wayfarer Parties (which include Mr. Baldoni) from enforcing a subpoena on Edgeworth Security Services LLC. See, e.g., “It Ends With Us” (Apr.

Subpoenas

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. Grimm (ret.)

Discovery

E-Discovery LLC

NOVEMBER 27, 2024

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] It is alleged that the documents were then used by the mother in litigation against the sole member of OLPC. Fed.R.Civ.P.

Subpoenas

E-Discovery LLC

OCTOBER 28, 2024

In doing so, FGH propounded discovery. In pertinent part, FGH served 20 subpoenas on third-party financial institutions. 2005); see also In re Grand Jury Subpoena John Doe, No. Breach Litig., Defendants have not plausibly asserted any privilege, proprietary interest, or personal interest in the subpoenaed matter.

Subpoenas

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

OCTOBER 1, 2024

27, 2024), the court rejected defendant’s effort to discover documents sent by plaintiff to a litigation funder that permitted the lender to evaluate the value of plaintiff’s claims. Design sought and obtained litigation financing from Validity Finance. In Design With Friends, Inc. Target Corporation , 2024 WL 433114 (D.

Litigation

E-Discovery LLC

APRIL 4, 2025

the Court set out and applied the principles governing subpoenas and objections to them. The individual defendants in Hall issued a subpoena to MAIP. The subpoena sought approximately 18 years of data (2005 2023) and all records in MAIPs possession related to its representation of Plaintiff. Baltimore Police Dept.,

Subpoenas

E-Discovery LLC

APRIL 5, 2025

In previous blogs, I addressed decisions holding that Where Requests for Discovery were Overly Broad, No Privilege Log was Required (Oct. 12, 2024); No Privilege Log Is Needed While Scope of Discovery Objections Are Pending (Aug. Both Mr. Hall and MAIP objected to the subpoena on a number of bases. Baltimore Police Dept.,

Discovery

E-Discovery LLC

OCTOBER 16, 2024

When it came to discovery, it wasn’t. Tekvantage and Teknowledgies are not parties to this litigation. Krantz issued third-party subpoenas to Tekvantage and Teknowledgies. RFP 1: “NO SUCH DOCUMENTS EXIST” Generally, when an attorney signs a discovery response under Fed.R.Civ.P. Lain also owned Tekvantage, Inc.

Discovery

Percipient

APRIL 22, 2023

Your company received a document subpoena in a legal dispute in which it is not involved. If the subpoena issued is in federal litigation, your company is likely responsible for the cost of compliance, especially if it has a connection to the litigation. Who covers the expense in responding to it? In United States v.

Subpoenas

Discovery Advocate

MAY 21, 2020

But we wanted to provide some concise guidance to help you think through the information governance and discovery challenges of unexpected large-scale remote access. Perfection in the discovery process is not required or possible. Don’t abandon your thoughtful discovery response programs. Reasonable and proportional efforts are.

Discovery

E-Discovery LLC

SEPTEMBER 12, 2024

The September 6, 2024, decision in In Re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation, 2024 WL 4125618 (N.D. 34 discovery requests propounded by defendant Meta Platforms, Inc., 34 discovery requests propounded by defendant Meta Platforms, Inc., It moved to compel production.

Subpoenas

Discovery Advocate

MAY 20, 2020

But we wanted to provide some concise guidance to help you think through the information governance and discovery challenges of unexpected large-scale remote access. Perfection in the discovery process is not required or possible. Don’t abandon your thoughtful discovery response programs. Reasonable and proportional efforts are.

Discovery

E-Discovery LLC

NOVEMBER 25, 2024

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. emphasis added]. It will be interesting to see how they are resolved.

Discovery

E-Discovery LLC

NOVEMBER 11, 2024

non-party TEDCO’s blanket privilege and work product objections to a subpoena were denied; however, it lived to fight another day because the denial was without prejudice to file supported objections after a “meet and confer.” Singleton, issued several non-party subpoenas, including one to ImpactHR. In Singleton v. The plaintiff, Ms.

Objections

E-Discovery LLC

JANUARY 2, 2025

Plaintiff Spivey served a subpoena on non-party API. While Mr. Spivey asserted that the negotiated search terms defined the scope of discovery, and that they were narrowly tailored, API asserted that it need not produce nonresponsive or irrelevant documents. The Spivey court, however, looked to the litigants agreement.

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. Allowing opposing litigants to invade and compromise this domain through a document request directed to the employer erodes that sense of ownership.

Subpoenas

Discovery Advocate

JUNE 8, 2023

In re Pork Antitrust Litig. , Further, employers should examine their bring-your-own-device (BYOD) policies to ensure that what is or is not company data is well defined according to their business, regulatory and litigation needs. In In re Pork Antitrust Litig. , 18-cv-2022 WL 972401 (D.

Subpoenas

Discovery Advocate

JUNE 7, 2023

In re Pork Antitrust Litig. , Further, employers should examine their bring-your-own-device (BYOD) policies to ensure that what is or is not company data is well defined according to their business, regulatory and litigation needs. In In re Pork Antitrust Litig. , 18-cv-2022 WL 972401 (D.

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

E-Discovery LLC

NOVEMBER 14, 2024

“Preservation notices” are routinely sent to a potential opposing party in order to trigger the common-law duty to preserve potentially responsive information by putting the recipient on notice that litigation should be anticipated. Often, it may be necessary to send them to a potential litigant located in another State.

Subpoenas

Discovery Advocate

JANUARY 26, 2024

While documents created through use of modern collaboration tools and ephemeral messaging applications have long been covered by FTC and DOJ document requests, “companies have not always properly retained these types of documents during government investigations and litigation.”

Subpoenas

Discovery Advocate

FEBRUARY 20, 2023

Summary of the Case: The Supreme Court, which had initially agreed to consider a circuit split on a privilege issue that commonly arises in discovery, reversed course and dismissed the writ of certiorari as “improvidently granted”—meaning the Supreme Court will not resolve the circuit split this term. In re Grand Jury , 23 F.4th 3d 754 (D.C.

Subpoenas

E-Discovery LLC

DECEMBER 19, 2024

In In re Outpatient Medical Center Employee Antitrust Litigation , 2024 WL 4679083 (N.D. 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. 5, 2024), the court explained the application of Subsections (b) and (d) of Fed.R.Evid.

Depositions

E-Discovery LLC

APRIL 11, 2025

Information is one of a businesss most valuable assets and corporate policies may determine the outcome of litigation. 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. 31, 2022), is instructive.

Discovery

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. 22, 2023). [1]

Subpoenas

E-Discovery LLC

MAY 19, 2025

It is important, almost ten years later, for litigants to be aware of the December 2015 revisions to the Federal Rules of Civil Procedure. Self Help Discovery Results in Striking of Wrongfully Obtained Evidence (Mar. 2023); Recent Textbook Analysis of Fed.R.Civ.P. 37(e) (Apr. 25, 2025); Historical ESI Highlights Part X Dec.

Evidence

SW&L Attorneys Blog

AUGUST 5, 2024

Unlike traditional divorce litigation, which often pits spouses against each other in a courtroom setting, collaborative law encourages open communication and problem-solving. Preserving Assets: The contentious litigation process can raise emotions and ultimately prolong negotiations, leading to increased legal fees and court costs.

Discovery

Percipient

MARCH 10, 2022

” While ECA is often associated with electronic discovery and the early analysis of electronically stored information (ESI), its scope should not be so limited. Early examination of facts, data and ESI may reveal helpful information not readily apparent that may ultimately strengthen a litigant’s position (or expose weakness).

Discovery

Discovery Advocate

NOVEMBER 26, 2018

Microsoft litigation, in which Microsoft had argued that it was not required to provide access to its users’ private data stored on Dublin servers. Supreme Court to drop the pending Microsoft litigation as moot, as the DOJ could (and did) alternatively use the CLOUD Act to issue a new warrant for the data held by Microsoft in Dublin.

Cross-Examination

SW&L Attorneys Blog

FEBRUARY 13, 2025

Civil litigation cases involve a wide variety of topics: contracts, business disputes, construction, negligence, personal injury, contested probates, family law, and more. A general rule of thumb: if the case does not involve criminal charges or juveniles, its probably civil litigation. Contributor: Lee Grossman What Is a Deposition?

Depositions

WA Bar News

APRIL 14, 2025

Expediting Litigation) , 3.3 Briana Michelle Gieri acted as disciplinary counsel. South represented himself. The lawyers conduct violated the following Rules of Professional Conduct: 1.3 Diligence) , 1.4 Communication) , 3.2 Candor Toward the Tribunal) , 8.4 Misconduct ), and 1.16 (Declining or Terminating Representation).

Discovery

Discovery Advocate

NOVEMBER 25, 2018

Microsoft litigation, in which Microsoft had argued that it was not required to provide access to its users’ private data stored on Dublin servers. Supreme Court to drop the pending Microsoft litigation as moot, as the DOJ could (and did) alternatively use the CLOUD Act to issue a new warrant for the data held by Microsoft in Dublin.

Cross-Examination