Author: Greg Bufithis
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Designation of “Work Product” Supports Inference of Intentional Spoliation
Stuart v. County of Riverside, 2024 WL 3086634 (C.D. Cal. Jun 14, 2024) emphasizes the importance of specifically designating “work product” protection in a privilege log as it can indicate intentional spoliation if evidence is...
Sometimes Discovery Disputes Do Not Bring Out the Best in Us – Part II
Michael Berman writes about an eDiscovery dispute gone wrong, highlighting the judge’s colorful language in expressing his displeasure. He highlights how bad behavior on other rules or norms can impact how the judge views the...
Navigating a Shifting Landscape
Kate Halloran interviewed Dr. Maura R. Grossman for the magazine, Trial, a publication of the American Association for Justice (AAJ). The EDRM blog is publishing an excerpt. At the end of this post, the entire...
5 Tips for Mastering Compliance with the EU AI Act
Artificial Intelligence (AI) is transforming industries by automating tasks, providing insights, and enhancing decision-making. However, as AI systems become more integrated into business processes, ensuring their ethical use and compliance with regulations is crucial. The...
Garden Variety: Byte Fed. v. Lux Vending
In light of Byte Fed., Inc. v. Lux Vending LLC. and the opinion issued by United States Magistrate Judge Sean Flynn from the Middle District of Florida on May 1, 2024, Craig Ball looked at “garden...
Sanction for Dropbox Rummaging Affirmed
Michael Berman writes about a rare appellate decision upholding a six figure sanction against both attorneys and parties regarding eDiscovery “self-help” where opposing counsel gets a link to a folder that contains potentially confidential and...
Maryland’s New and Improved Unreported Opinion Rule Does Not Go Far Enough
Michael Berman looks at whether, how and for what purpose unreported opinions can be cited in the state of Maryland court system. He previews the Respondent’s Brief in Mooney v. State, No. 0032, Sept. Term, 2023.
Civil Procedure Rules Can Change for the Better- But It Takes Work
The Hon. Judge Ralph Artigliere lays out the path followed in tn the most recent changes to the Florida Rules of Civil Procedure, which included looking closely at the Federal Rule of Civil Procedure on...
May’s Notable Cases and Events in E-Discovery
This Sidley Update examines recent eDiscovery decisions from various U.S. District Courts, focusing on privilege logs, forensic examinations, and spoliation sanctions rulings. These cases highlight evolving standards and expectations in eDiscovery.
ABA Formal Opinion on Lawyer Use of Listservs
The ABA said that lawyers must not disclose any client-related information on listservs without informed consent, as per Formal Opinion 511, reinforcing the confidentiality required under ABA Model Rule 1.6.
8 Lessons Learned – Part IV – Disclosure of Recipients of Litigation Hold Notices
A significant ruling in the Social Media Addiction case has determined that fundamental information about individuals who receive litigation hold notices should not be withheld. This decision is crucial, as it challenges established beliefs regarding...
8 Lessons Learned – Part III – Redaction Provision of ESI Protocol
This article examines the redaction provisions of the ESI Protocol from the recent Social Media Adolescent Addiction litigation, focusing on legal standards for redacting irrelevant, privileged, and confidential information and the procedural guidelines enforced by...