Author: David Netzer
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Data Collection by Cars with Connectivity
Cars with connectivity features, like Teslas in sentry mode, are collecting swaths of personal data. This article explores the privacy concerns, the legal landscape, and what consumers can do to protect their information.
E-Discovery 101 – A Refresher on the Scope of Discovery + Boilerplate Objections Sustained
This article discusses the court’s decision in Ho v. Jefferson Financial Credit Union (2024), where boilerplate objections were upheld due to the burdensome nature of the requests and the sufficient production of relevant documents, as...
Is a Court-Ordered ESI Protocol a Trap?
The case of Cook v. Meta Platforms highlights the enforceability of ESI protocols and the appropriate legal steps for modifying them if compliance becomes difficult or impossible.
Possession, Custody, or Control of Responsive Information by States Suing Meta
The Social Media Adolescent Addiction decision examines whether State Attorneys General hold legal control over state agency documents for discovery in a lawsuit against Meta, applying the “legal control” standard.
Privilege Waiver by: Disclosure to Therapist; and, in Rule 30(b)(6) Deposition Preparation
The court in Faulkenberry v. Austin ruled that disclosing attorney-client privileged information during therapy and using privileged documents to prepare for Rule 30(b)(6) depositions can result in a waiver of privileges.
Trust Me: Nothing in the Missing Video Would Have Helped You!
Klock v. Wal-Mart examines whether spoliation of video evidence occurred after a store manager claimed no video captured a slip and fall incident. The court ruled against sanctions, but this analysis questions whether the duty...
Keyword Hits + Overbroad Terms ≠ Duty to Produce
The Ravin Crossbows court rejected broad keyword searches in e-discovery, citing their limitations and the need for cooperation in crafting practical terms. This case serves as a reminder of the risks of overbroad searches and...
When Must a Motion to Compel Be Filed? – Part 2
Turner v. Apple highlights the risks of delaying a motion to compel, even during good faith negotiations. The case serves as a reminder that timely action is crucial in discovery, and parties should avoid letting...
Court Denied Unopposed Motions for Protective Order and Approval of ESI Protocol
The court in Orlando Health, Inc. v. HKS Architects rejected unopposed motions for a protective order and an ESI protocol, emphasizing the need for legal justification. This ruling follows standard court practices that encourage parties...
Discovery is the Lawyer’s X-Ray; However, an MRI May Not Be Reasonable
In Khan v. County of Cook (2024), the court allowed focused and proportionate discovery requests, likening them to an x-ray, while rejecting broader, less justified demands comparable to an MRI.
Is a “Composite” Video Admissible and Can a Police Officer “Narrate” It at Trial? – Part 2 of 2
In the case of Harrod v. State, the Appeals Court of Maryland ruled regarding the admissibility of composite video evidence and the role of police officers in narrating it during the trial. They upheld the...
Is a “Composite” Video Admissible and Can a Police Officer “Narrate” It at Trial? – Part 1 of 2
This article explores how the court in Harrod v. State addressed the admissibility of a prosecution-prepared “composite” video as summary evidence, focusing on the legal challenges and the court’s justification for its decision.