Author: David Netzer
← Back to Blog
Search
Authors
“How many years of files is enough, and how many years is too many?”
In Flores v. Guevara, the court addressed recurring discovery battles in Monell litigation tied to disgraced detective Reynaldo Guevara. The decision highlights the importance of cooperation, reasonable compromise, and adherence to procedural rules in complex...
Court Holds That an ESI Protocol Must be Specific in GenAI Copyright Class Action
In Andersen v. Stability AI Ltd., the court emphasized that ESI Protocols must be specific to be effective, especially in complex GenAI copyright disputes. The ruling highlights the risks of unresolved ESI disagreements and judicial...
How Not to Negotiate an ESI Protocol? Say it is “Mandatory”; and, Demand That Discussions be Recorded
This article examines key missteps in Wilbert v. Pyramid Healthcare, where the plaintiff’s insistence on recording a Rule 26(f) conference and imposing a “mandatory” ESI plan were deemed improper. The court’s order highlights the necessity...
Discretionary Stay of Discovery Pending Decision on Dispositive Motion
In MJ Enterprise Holdings v. Spiffy Franchising, the court granted a stay of discovery pending a motion to compel arbitration. The ruling emphasized judicial economy and the Federal Arbitration Act’s preference for arbitration.
Uber Technologies – Another Hyperlink Decision
A recent court decision in In Re: Uber Technologies, Inc. Passenger Sexual Assault Litigation addresses the ongoing discovery disputes over hyperlinked documents in ESI. The ruling clarifies metadata obligations and raises evidentiary concerns regarding the...
ESI Protocol Deemed Controlling
The Morse decision highlights the risks of failing to comply with a court-ordered ESI Protocol. Courts may enforce such agreements strictly, but timely motions for modification can provide relief.
Requests for “Tower-Dump” or “Tower-Extraction” Search Warrants Declined Under Geofence Precedent
A federal court ruled that tower-dump search warrants violate the Fourth Amendment, citing recent geofence warrant precedent. The decision highlights concerns over probable cause, particularity, and mass data collection.
Requesting Parties Are Denied “Input” Into Producing Party OpenAI’s Search Terms
A federal court in Tremblay v. OpenAI reaffirmed that requesting parties lack the right to control the producing party’s search term formulation, emphasizing Sedona Principles 6 and 7 and the necessity of cooperation in eDiscovery.
Agreement in ESI Protocol to Produce All “Hits,” Without Review
Courts continue to address whether an agreement to run search terms in an ESI protocol obligates parties to produce all resulting “hits.” Recent rulings, including Rouse v. H.B. Fuller Co. and Spivey v. BP Exploration,...
“Self Help” Discovery Results in Striking of Wrongfully Obtained Evidence
The Campbell v. Aberdeen FCU decision underscores the dangers of self-help discovery in litigation. The court struck improperly obtained evidence and reaffirmed that litigants must follow ethical guidelines rather than resorting to extralegal means.
Li. v. Merck Addresses: Trigger; Spoliation Discovery; and, Document Unitization
The court in Li v. Merck tackled crucial discovery issues, including when the duty to preserve evidence is triggered, the scope of discovery on potential spoliation, and challenges related to document unitization. The ruling highlights...
Court Reviews Document Unitization Dispute
In Li v. Merck & Co., Inc., the court examined issues of document unitization, where improperly formatted document production can hinder discovery. The ruling underscores the need for clear ESI protocols to avoid inefficiencies and...