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Decision on How to Best Search for ESI – Court Orders ESI Protocol in “Epic of Dysfunctional Discovery,” With Unique Clawback Provision

E-Discovery LLC

In a case where the plaintiff seeks $24,000,000 in damages, the court stated: “Today we write the next chapter in this litigation, a case which threatens to become an epic of dysfunctional discovery…. 18, 2012)(“In reality, I struggled to fund the litigation and pay my personal bills.”… Everlast Roofing , Inc. For example, Ms.

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Court’s Use of a Special Master to Assist EEOC in Obtaining Discovery from Defendant

E-Discovery LLC

The alleged facts of the case demonstrate risks of future psychological harm and repetition of the injury against which plaintiffs are litigating. It appears from the docket that on July 21, 2025, Genesh filed an objection to the Magistrate Judge’s order on this issue. 23, 2023); Mediation of ESI Disputes. Genesh, Inc.,

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The Quiet Force Behind Successful Outcomes: Pretrial Motions

Joseph, Hollander & Craft

Civil, family, and criminal courts allow for these pretrial motions, which can shape future proceedings and therefore the trajectory of litigation. A party who is compelled to produce evidence that jeopardizes its arguments may be more willing to mediate a settlement agreement on more favorable terms to the other party.

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Court Appointed ESI Discovery Supervisor for ESI Protocol

E-Discovery LLC

With the consent of two sophisticated and cooperative groups of litigants, I conducted the process much like a mediation, beginning with ex parte communications with both sides. It does not require that a litigant forego any meritorious discovery or other position. ” Id. State Bar Ass’n. at 338-39 (emphasis added).

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My Most Interesting Blogs From 2024

E-Discovery LLC

Boilerplate Objections Are Generally Condemned; Except When Theyre Not Citing the Correct Subsection of Fed.R.Evid. Boilerplate Objections Are Generally Condemned; Except When Theyre Not Citing the Correct Subsection of Fed.R.Evid. Mediation of Discovery Disputes by Courts Law Clerk?

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Discretionary Stay of Discovery Pending Decision on Dispositive Motion

E-Discovery LLC

The Federal Arbitration Act reflects a liberal federal policy favoring arbitration agreements, directs claims to be subject to arbitration, and requires a stay of litigation in federal courts. The Federal Rules impose preservation and retention obligations , which are often accomplished with litigation holds and the like.

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Orban’s Peace Gambit: Diplomacy and Conflict in the Evolving Russia-Ukraine War

Complex Discovery

We cover recent diplomatic moves, including Hungarian Prime Minister Orban’s mediation attempts, alongside military developments such as Russian advances and Ukrainian counterstrikes. Orban seems to be positioning himself as a potential mediator, pushing for a shift in European focus from military support to peace talks.