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No Sanctions for Breach of Duty to Preserve Video, Due to Lack of Prejudice

E-Discovery LLC

THE DUTY TO PRESERVE The Hobson court wrote that the duty to preserve relevant information “is one of the most basic, well-established, and widely accepted litigation tenets.” It is triggered when a potential party has “some notice that the evidence is potentially relevant to… reasonably foreseeable litigation.”

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Three Motions for Sanctions Denied Under ESI Rule and Common Law

E-Discovery LLC

The Court explained in detail the requirements of a Rule 37(e) motion and then applied them: Plaintiff has failed to put forth sufficient evidence of the four necessary elements to trigger the application of Rule 37(e) at all, let alone proven by clear and convincing evidence the intent required to show she is entitled to the remedies she seeks.

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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. The plaintiff, Mr. Hall, alleged that the Baltimore City Police Department and three former officers concealed exculpatory evidence and coerced false testimony in Mr. Hall’s 1992 murder trial. at 4 (citing In re Grand Jury Subpoena , 870 F.3d

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Standard for Court-Ordered Forensic Examinations – When Does Misconduct “Cross the Rubicon”?

E-Discovery LLC

Initially, Simic did not produce records to Mintas that were provided pursuant to a separate non-party subpoena. The court continued: This honor system for discovery works in the overwhelming majority of cases, but the word of a litigation opponent is not sufficient in every case. Mintas moved to compel or for a forensic examination.

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Chris Joseph Educates Criminal Defense Attorneys on Spotting Civil Rights Claims

Joseph, Hollander & Craft

On July 24, 2025, Joseph, Hollander & Craft’s Chris Joseph joined Samuel MacRoberts of the Kansas Justice Institute and Colin Shaw of the Third Judicial District Public Defender’s Office to educate criminal defense attorneys regarding how to spot civil rights claims and preserve them for litigation.

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Crime-Fraud Exception to Privilege Not Shown

E-Discovery LLC

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. The motion was granted. Jonesworks argued that the documents sought were privileged.

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What Objections May Be Raised to a Subpoena by a Non-Party?

E-Discovery LLC

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.”