Complex Discovery

AUGUST 1, 2025

This article unpacks the critical implications of AI use in law, from digital discoverability to potential court subpoenas, and urges a strategic reevaluation of how firms manage AI tools. Each interaction with ChatGPT, including sensitive legal queries, is digitally recorded, potentially accessible through subpoenas.

Government and Public Sector

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.” The Court pointed out that while Ms.

Evidence

Percipient

FEBRUARY 21, 2025

Percipient also offers services like e-discovery, managed review, and subpoena compliance, covering everything from secure data collection to early analysis and document production. This approach blends advanced technology with human expertise.

Technology

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. the actual text of an email).

Subpoenas

Joseph, Hollander & Craft

JULY 31, 2025

Client also agrees that Law Firm will be entitled to full reimbursement for costs incurred in connection with the production of documents in response to subpoenas and demands for the production of documents issued in any such legal proceedings.

Cross-Examination

E-Discovery LLC

JULY 1, 2025

45 subpoena duces tecum could not have been served on the non-party document custodian and avoided the designation issue.

Objections

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. Emphasis added]. See 6 C.F.R.

Discovery

Joseph, Hollander & Craft

JULY 10, 2025

It will likely be necessary to subpoena documents such as bank records, medical records, and income statements to get a better grasp of the parents’ ability to pay and the child’s needs. We can also use the discovery process to ask key questions and obtain documents.

Finance and Banking

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

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] d)(3)(B) – A court may, on motion, ensure “that the subpoenaed person will be reasonably compensated.” 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. Defendants have not plausibly asserted any privilege, proprietary interest, or personal interest in the subpoenaed matter. United States v.

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

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

DECEMBER 19, 2024

29, 2024), Plaintiff Walker served a subpoena duces tecum on non-party JBHH, which had represented defendant AIU in workers compensation proceedings involving Mr. Walker. The subpoena requested a complete copy of the file in Mr. Walkers case. JBHH moved to quash the subpoena and also noted objections. 2024 WL 4607473 (D.

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. 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

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. 11 cv 4071 (N.D.

Subpoenas

E-Discovery LLC

OCTOBER 1, 2024

It served a subpoena on Validity Finance, which then moved to quash it, arguing privilege and disproportionate burden. Third , the court wrote “[t]hat leaves Target’s request for documents about the relationship between Design and Validity and discovery about Validity itself. In sum: “Discovery requests can reach only so far.”

Litigation

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

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

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

NOVEMBER 25, 2024

The States and State Attorneys General “object[ed] to treating their respective state agencies as being subject to party discovery and insist[ed] that all of these agencies are third parties from whom Meta should seek documents by subpoenas under Federal Rule of Civil Procedure 45.” emphasis added].

Discovery

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. API allegedly had information about the process. They negotiated search terms.

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 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

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. Sports Rehab emphasized that the courts analysis does not immunize the personal devices from discovery. 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

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

E-Discovery LLC

APRIL 14, 2025

No Privilege Log is Necessary in Limited Circumstances When Discovery Requests Are Overbroad (Apr. 5, 2025); No Dog in the Fight Analysis Applies to Scope of Subpoenas in the District of Maryland (Apr. They involved defendants subpoena issued to the Mid-Atlantic Innocence Project (MAIP). 2025 WL 1024069 at n.

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

MyCase

MAY 7, 2024

Reading, reviewing, and crafting discovery responses isn’t just tedious—it’s downright time-consuming. MyCase has partnered with Briefpoint to help firms save time on discovery documents by eliminating repetitive work required for responses. What is Briefpoint? How Does the Integration Work? Top Benefits of MyCase and Briefpoint 1.

Discovery

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

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

Subpoenas

Percipient

DECEMBER 22, 2021

READ ARTICLE Oldies But Goodies Rounding out the 2021 list of most-read articles are a couple of oldies but goodies from years past: You Subpoenaed My Documents, Shouldn’t You Pay for Them?

Discovery

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.

Depositions

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