Author: David Netzer
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How Much Detail is Enough in a Privilege Log?
In Southern Pine Credit Un. v. Southwest Marine & Gen’l. Ins. Co., et al., 2024 WL 1361891 (M.D. Ga. Mar. 29, 2024), the court addressed the amount of detail that must be in a privilege log. Southern...
What Happens When Parties Fail to Negotiate a Privilege Log in Good Faith?
In Kyle Rayome v. ABT Electronics, 2024 WL 1435098 (N.D. Ill. 2024), the court wrote that it “would prefer this case not go to the dark place where attorneys on one side demand that the attorneys on...
Changing the Forum for a Motion to Quash a Subpoena
Learn how a federal district court changed the forum for a motion to quash a subpoena from the district where compliance is required to the district where the action is pending.
Another Spoliation Motion Denied as Untimely
In an employment case, an untimely spoliation motion was denied in Smith v. Wormuth. Find out why courts are unsympathetic to motions that try to reargue substantive issues under the guise of spoliation and why...
Ninth Circuit – – Don’t Destroy Relevant Texts
In Jones v. Riot Hosp. Grp. LLC, the Ninth Circuit upheld serious consequences for the deletion of text messages in litigation. This case reminds us of the critical importance of preserving electronically stored information (ESI)....
Privilege Logs: New Techniques to Achieve Proportionality – The “Certification Log”
Michael Berman reviews The Sedona Conference, Commentary on Privilege Logs (Feb. 2024, Public Comment Version)(citing Rule 29) alongside the EDRM Privilege Log Protocol: Version 2.0(2023) and advocates a trust but verify methodology.
Failure to Show “Intent to Deprive” Leads to Denial of Rule 37(e)(2) Sanctions
A recent case highlights the importance of clearly demonstrating “intent to deprive” to secure sanctions under Rule 37(e)(2). In Boshea v. Compass Marketing, Inc., the court denied sanctions despite the possible destruction of relevant evidence,...
Authentication of Entire Video When Witness Observed Only Part of the Events Portrayed in the Video
Can a witness authenticate a video if the video contains images that the witness did not see? In Md. Supreme Court to rule on Baltimore criminal case involving video authentication – Maryland Daily Record (thedailyrecord.com) (Feb. 22, 2024),...
Maryland’s Proposed Data Privacy Act – Part of a Trend?
Michael Berman reports that Maryland is on the brink of enhancing online data privacy for its residents with the proposed Maryland Online Data Privacy Act of 2024, now under the legislative microscope as HB0567 and...
Maryland Bills to Protect Judges and Their Children
The Hon. Paul W. Grimm (ret.) has written about the organized Bar’s duty to support the judiciary from unwarranted attacks. OpEd: Legal Profession Must ‘Speak Out’ Against Unfair Attacks (duke.edu)(Oct. 24, 2023). I have echoed Judge...
Rusty Texts: Sending Privileged Information to Clients
In ‘Rust’ Armorer’s Phone Snafu Shows Risks Of Texting Clients – Law360 (Feb. 13, 2024), Phillip Bantz wrote: “A legal dust-up over compromised text messages between a movie prop weapons expert and her lawyer in the ‘Rust’...
No More “Masters”?
Long ago, when my wife, Patricia, and I were looking for a house, we abandoned the term “master bedroom” in favor of “main bedroom.” Bloomberg Law reports that: The American Bar Association is asking the...