Author: Michael D. Berman
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Non-Party Law Firm Ordered to Provide Defaulting Client’s Affidavit to Support Claim of Client’s Privilege
The Riffle v. Excellent Auto Glass LLC case highlights the challenges of asserting privilege for non-party law firms. Despite a privilege log, the court required EAG’s affidavit to support the claim.
Obstructionist Discovery is Called Out by Court
The court in Craig v. Cornerstone Trading Grp. criticized the City of Richmond’s discovery practices, deeming them obstructionist and rejecting its objections as disingenuous. The ruling emphasized the need for transparent and cooperative discovery in...
No Sanctions for Resetting Two Cellphones on Facts Presented; and, Social Media Posts Supported Dismissal
In Wenzler v. U.S. Coast Guard, the court denied a sanctions motion related to the deletion of text messages on two government phones, ruling that no relevant evidence was lost. The decision also upheld Wenzler’s...
Profanity and Threats Are Not a “Good Faith” Conference
In Milne v. ProAll, the court denied a motion for discovery sanctions due to plaintiffs’ failure to meet good faith conference requirements, highlighting profanity, threats, and aggressive conduct. The case underscores the critical role of...
Another Text Message String Case
In Milne v. ProAll, the court denied a motion to compel further text message production, affirming that speculative claims and perceived format challenges are insufficient without concrete evidence of non-compliance with ESI protocols.
“This Was a Collective Debacle”
In Lacey v. State Farm, the use of AI-generated content in legal briefs without proper verification resulted in significant judicial sanctions. The Special Master emphasized collective responsibility, underscoring the need for attorney oversight when using...
ESI Protocol Should Define “Documents” and Address Redaction Based on Irrelevancy
We the Protestors, Inc. v. Sinyangwe highlights the need for precision in ESI Protocols, particularly regarding the definition of a “document” and redactions for irrelevance. The court’s analysis underscores that redactions must be explicitly agreed...
Court Held That an ESI Protocol Applied Only to ESI
In Skeans v. Atlantic Marine, the court clarified that an ESI Protocol governs only electronically stored information, not non-ESI materials, thereby requiring a separate privilege log timeline for non-ESI. It also addressed inadequate interrogatory responses...
En Banc Fourth Circuit Geofence Decision is Splintered
The Fourth Circuit’s en banc ruling in U.S. v. Chatrie upheld the use of a geofence warrant that led to a robbery suspect’s identification, but revealed deep judicial divisions over the constitutional limits of digital...
The History of E-Discovery is Both Interesting and Important
This article traces the evolution of e-discovery from early amendments to the Federal Rules of Civil Procedure through landmark cases, influential thought leaders, and foundational frameworks like the Sedona Principles and EDRM. It highlights how...
Discovery Rulings in Abrego-Garcia v. Noem Deportation Case
In Abrego-Garcia v. Noem, Judge Xinis overruled most U.S. government objections to discovery, citing bad faith and noncompliance with court orders. The decision mandates expedited and detailed responses, including privilege logs and specific factual disclosures.
An ESI Protocol Saved the Day for the Discovering Party
In a key discovery ruling, the Eastern District of New York emphasized the power of an ESI Protocol in compelling compliant document production. The court ordered reproduction of unsearchable PDFs and rejected the excuse of...