Attorney at Work

SEPTEMBER 15, 2021

With the improved access to litigation data from numerous vendors in the exploding legal tech ecosystem, solo practitioners, small law firms, and regional and midsize firms can take advantage of insights from data to position themselves as leaders and market movers in their respective practice areas and jurisdictions.

Litigation 362

Litigation Legal Services Objections Legal Research 362

Lawmatics

MARCH 1, 2023

Depositions are a critical tool for building a case, and as such, it is essential for attorneys of all skill levels to be well-versed in the various objections that can arise during the course of a deposition. While some objections are straightforward, others can be more nuanced and require a deep understanding of the legal system.

Depositions 130

Depositions Objections Witnesses Cross-Examination 130

E-Discovery LLC

AUGUST 3, 2024

July 17, 2024), the court held that no privilege log was required until scope of discovery objections were resolved. 24, 2024); Court Excused Party From Waiver by Failure to Provide Specific Objections (Aug. The court found that the KPC defendants had consistently objected to production. In Troung v. KPC Healthcare, Inc.,

Objections 130

Objections Discovery Healthcare Litigation 130

E-Discovery LLC

SEPTEMBER 16, 2024

It – surprisingly – sustained boilerplate objections. Interestingly, the Ho court sustained what appear to be boilerplate objections that plaintiff’s requests were “overly burdensome” and “irrelevant….” While boilerplate objections are generally ineffective, see General Objections, Dracula, and “Whac a Mole” (Apr.

Discovery 130

Discovery Objections Interrogatories Pleadings 130

E-Discovery LLC

OCTOBER 22, 2024

The State’s newly-minted objections to the deposition topics come far too late , and are not persuasive.” Washington’s “newly-minted” objection asserted that “the entire notice is overbroad and unduly burdensome….” emphasis added). Instead, the issues addressed by Washington’s ‘proposed draft’ revisions to NNI’s notice were minor.”

Objections 130

Objections Depositions Discovery Witnesses 130

E-Discovery LLC

NOVEMBER 1, 2024

The court wrote: HKS has filed a response, in which HKS does not contest any of Orlando Health’s assertions, admits it has not produced responsive documents, and does not address any objections…. All objections to the discovery at issue, other than privilege, have been waived by the failure to timely respond to the discovery.”

Objections 130

Objections Discovery Pleadings Litigation 130

E-Discovery LLC

FEBRUARY 21, 2025

By definition, a litigation hold notice is a communication from an attorney to a client regarding the duty to preserve potentially responsive information. [1] 7, 2025), the court held that litigation hold notices were privileged. Defendants objected. DISCOVERY OF LITIGATION HOLD NOTICES HAS LONG BEEN AN ISSUE. Grimm (ret.)

Discovery 130

Discovery Litigation Privileged Communication Court Rules 130

Insurance Journal

AUGUST 7, 2024

If a property insurer is going to object to an appraisal panel member’s fee arrangement, it must do so early in the process – not after the panel provides an unfavorable, multimillion-dollar appraisal award. That was the word this week …

Objections 119

Objections Insurance Litigation 119

Jonathan Leach LLC

OCTOBER 21, 2024

Have you been encouraged to seek out litigation consulting from your local attorney? Here, we will discuss how litigation consulting can help you with your court case. At Jonathan Leach LLC in El Paso, we offer a variety of services, including litigation consulting, witness preparation, and mock trials.

Litigation 98

Litigation Opening Statement Witnesses Objections 98

E-Discovery LLC

APRIL 20, 2025

2008), was an early decision on cooperation, boilerplate objections, waiver by failure to object properly, and a court-ordered meet-and-confer. Initially, during a hearing, the Court raised concerns about the breadth of plaintiffs discovery requests and the nature of defense objections. Mayflower Textile Servs. Emphasis added].

Discovery 130

Discovery Objections Litigation 130

E-Discovery LLC

OCTOBER 2, 2024

Defendant Hirschbach added the following to its work product objection: Beyond this, Hirschbach objects to this request because it is overbroad, vague and ambiguous. Plaintiff responded that the videos were not created in anticipation of litigation and therefore they are not protected work product. 9, 2021). [2]

Admissibility 130

Admissibility Discovery Objections Interrogatories 130

E-Discovery LLC

JUNE 10, 2025

It prevailed because its attorneys did their homework and supported their litigation position with facts. Then, the EEOC will have two weeks for any remaining objections. Mia Aesthetics Clinic ATL, LLC , No. 1:24-CV-3407-MLB-AWH (N.D. May 30, 2025), the EEOC prevailed on several discovery disputes.

Discovery 130

Discovery Exhibits Precedent Evidence 130

E-Discovery LLC

APRIL 5, 2025

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. The Hall Court added that Plaintiff and MAIP timely asserted privilege in their objections to the subpoena. at *11 (Emphasis added). See generally Fed.

Discovery 130

Discovery Subpoenas Objections Affidavits 130

Steno

JANUARY 6, 2025

Executive Summary Challenge: After decades of litigation experience, attorney Mike Marzban recognized that colleagues were often too shy to provide candid feedback on his deposition technique. He needed an objective way to evaluate his performance and identify potential blind spots in his questioning strategies.

Depositions 52

Depositions Objections Discovery Litigation 52

E-Discovery LLC

AUGUST 16, 2024

In the latest iteration of In Re StubHub Refund Litigation , 2024 WL 3817068 (N.D. This is adversarial litigation, and there need to be clearly understood responsibilities. Litigation is designed to find the truth, but it is designed to find it in a particular way: adversarial testing. But that’s not true.” emphasis added].

Discovery 130

Discovery Interrogatories Depositions Litigation 130

E-Discovery LLC

MAY 31, 2025

May 22, 2025), the court wrote: The Citys objection that it did not understand the request as phrased is disingenuous at best and frankly appears more likely to be intentionally obstructionist. It also raised privilege and other objections. Boilerplate objections and a referral to Trial Rule 34, may not have advanced the Citys cause.

Discovery 130

Discovery Objections Litigation 130

Law Sites

FEBRUARY 29, 2024

” Lawyers tend to use traditional legal analytics products at the front end of a litigation, to help their clients determine whether it is worth investing in going forward with the case, he said. See all my coverage of the Thomson Reuters-ROSS litigation. They’re descriptive rather than explanatory.

Legal Research 344

Legal Research Technology Litigation Legal Strategy 344

E-Discovery LLC

JUNE 24, 2024

2010)(emphasis added); see, e.g., Court Excused Party From Waiver by Failure to Provide Specific Objections (Aug. Furthermore, even when privilege objections are timely asserted, the failure to produce a proper privilege log generally constitutes waiver of the privilege objections.” In Bautech USA, Inc. Resolve Equip.,

Objections 130

Objections Interrogatories Discovery Litigation 130

E-Discovery LLC

JULY 9, 2024

An in camera review is not appropriate merely because a party objects to assertions of privilege. And, a mere objection, or even a suspicion, is not a basis upon which the parties can shift a burden to the Court that they should bear themselves. For example, a “knee-jerk, boilerplate objection about undue burden,” has failed.

Objections 130

Objections Discovery Litigation Evidence 130

E-Discovery LLC

APRIL 4, 2025

the Court set out and applied the principles governing subpoenas and objections to them. Hall, on behalf of MAIP, objected based in part on privilege. MAIP joined Mr. Halls objection and stated that it would share the documents with Mr. Halls objection and stated that it would share the documents with Mr. Halls counsel for review.

Subpoenas 130

Subpoenas Discovery Objections Witnesses 130

E-Discovery LLC

FEBRUARY 22, 2025

On the somewhat unique facts presented, the Court held that plaintiffs consulting an attorney to find out her rights is not necessarily the same thing as contemplating or anticipating litigation for purposes of triggering the common-law duty to preserve. The duty to preserve arises when litigation is reasonably anticipated. Williams v.

Litigation 130

Litigation Discovery Objections Admissibility 130

Attorney at Work

OCTOBER 12, 2021

By way of example, consider Kirkland & Ellis’ dominance in generating high-margin litigation, transactional, and restructuring work from the private equity industry. The objective of narrow positioning is to be perceived as less interchangeable, and Kirkland & Ellis has few counterparts in the PE space.

Summons 266

Summons Objections Legal Services Litigation 266

IP Watchdog

AUGUST 15, 2022

With Judge Alan Albright no longer a lock for patent litigants in the Western District of Texas, prospective claimants and their counsel should be rethinking their venue selection strategies. For those navigating this new world order, litigation funders serve as a valuable resource.

Litigation 105

Litigation Objections 105

WA Bar News

NOVEMBER 12, 2024

1 The amendments to CR 26 affect objections, supplementation, and disclosure of experts. This article will explain the changes effected by the rule amendments and, with respect to CR 26, provide context considered by the Civil Litigation Rules Revision Work Group in drafting the proposed amendments to illustrate their impact.

Depositions 105

Depositions Discovery Objections Exhibits 105

E-Discovery LLC

OCTOBER 18, 2024

I have always objected to any similar discovery request in an RPD for the following reasons. 34(b)(2)(A) states: “For each item or category, the response must either state that inspection and related activities will be permitted as requested or state with specificity the grounds for objecting to the request, including the reasons.

Discovery 130

Discovery Objections Litigation Trial Preparation 130

E-Discovery LLC

MARCH 8, 2025

Some litigants have refused to enter into ESI Protocols, or refused to agree to incorporate a contractual protocol into a court order, out of concern that a future failure to comply would lead to sanctions. The court wrote that it then adopted Defendants protocol [as an order] and no objection to that order was filed. Emphasis added].

Discovery 130

Discovery Objections Interrogatories Litigation 130

IP Watchdog

DECEMBER 5, 2021

Sadly, with that being the stated purpose, the creation of the PTAB can be objectively characterized as nothing other than an abysmal failure. What has evolved is anything but streamlined, and certainly not inexpensive, even compared with district court litigation.

Objections 124

Objections Litigation 124

E-Discovery LLC

APRIL 16, 2025

Discovery issues included, without limitation, whether email was discoverable, the late production by defendants of 80,000 responsive emails, proportionality, and a condemnation of boilerplate objections (called ipse dixit objections). Emphasis added]. History is important. For example, Thompson II was recently cited in Hargis v.

Discovery 130

Discovery Litigation Witnesses Objections 130

IP Watchdog

MARCH 27, 2024

The Federal Circuit remanded that portion of the case for a new trial so that the jury can properly consider each objective indicia of nonobviousness raised by Inline at trial.

Jury Instructions 64

Jury Instructions Objections Litigation 64

E-Discovery LLC

SEPTEMBER 4, 2024

Discovery is the lawyer’s x-ray: “Discovery procedure serves much the same function in the field of law as the X-ray in the field of medicine and surgery; and if its use can be sufficiently extended and its methods simplified, litigation will largely cease to be a game of chance.” 691, 717 (1998)(citation omitted). Rodriguez v. 7, 2022).

Discovery 130

Discovery Objections Evidence Litigation 130

E-Discovery LLC

JANUARY 2, 2025

The Spivey court, however, looked to the litigants agreement. It held that the Spivey agreement to run negotiated search terms does not waive the responding partys objections to producing nonresponsive documents. API is entitled to review the hits for relevance pursuant to Rule 26(b)(1) and timely raise objections. 29, 30, 33.

Subpoenas 130

Subpoenas Objections Discovery Litigation 130

E-Discovery LLC

APRIL 3, 2025

Defendant argues that discovery in this case should be stayed pending the resolution of its motion to dismiss, that the requested discovery contains proprietary and confidential information, and stands on various of objections. cleaned up).

Discovery 130

Discovery Cross-Complaint Counterclaim Litigation 130

Attorney at Work

JUNE 22, 2022

QUESTION: I’ve represented an individual client for almost 20 years in various transactional and litigation matters. is built on keeping the client informed so they can make considered decisions about the objectives of their representation and the means of achieving those objectives. Comment 5).

Objections 257

Objections Litigation Court Rules 257

Attorney at Work

SEPTEMBER 15, 2022

Offering a legal service is, of course, quite different from developing a new disinfectant, or building a software application or a material object. As law students, few litigators imagined themselves transitioning into project management roles after passing the bar. An Accidental Project Manager. DOWNLOAD THE GUIDE.

Trial Preparation 275

Trial Preparation Case Management Litigation Technology 275

E-Discovery LLC

MAY 31, 2024

The Fiskars court explained that: The bottom line is this: Even if the court were inclined to compel production of source code and related documents, that information would be unusable in this litigation absent a dramatic upheaval of the schedule…. 1, 2023)( untimely discovery objection was waived); cf.

Interrogatories 130

Interrogatories Discovery Objections Counterclaim 130

E-Discovery LLC

SEPTEMBER 25, 2024

Wiegand objected. After setting out the boilerplate on scope of discovery and requirements for a protective order, the Court wrote: “The burden is on the party resisting discovery to explain specifically why its objections, including those based on irrelevance, are proper given the broad and liberal construction of federal discovery rules.”

Discovery 130

Discovery Objections Admissibility Expert Testimony 130