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Application of Work-Product Doctrine to Materials Prepared Years After Incident

E-Discovery LLC

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 The Court viewed recantations and impeachment evidence through a different lens.

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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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When AI Conversations Become Compliance Risks: Rethinking Confidentiality in the ChatGPT Era

Complex Discovery

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.

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

E-Discovery LLC

It is triggered when a potential party has “some notice that the evidence is potentially relevant to… reasonably foreseeable litigation.” A policy of overwriting video after six weeks was permitted in Maryland’s Intermediate Court Affirms Denial of Sanction for Spoliation of Video Evidence (Jan. 21, 2024). In one (remarkable?)

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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 scales tip in favor of compelling forensic imaging where there exists evidence of either discrepancies in a discovery response or a failure by the responding party to produce requested information.

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Chris Joseph Educates Criminal Defense Attorneys on Spotting Civil Rights Claims

Joseph, Hollander & Craft

Having litigated 1983 claims from both sides, Joseph was able to educate attendees regarding critical aspects of a viable 1983 claim (including damages); procedural quirks (like state tort claim notice requirements); and evidence preservation (including effective use of subpoenas).

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When Can a Court Deviate from the Child Support Guidelines?

Joseph, Hollander & Craft

Regardless, it is up to the parent who wants a higher monthly payment obligation to present the evidence and arguments in favor of it. 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.