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EDRM

Author: Michael D. Berman

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My Father is a Lawyer – Are My Emails With Him Privileged?

September 16, 2025

A federal court ruled that emails between a woman and her father, a litigator, were not protected by attorney-client privilege. The decision highlights that a familial relationship alone doesn’t establish privilege without clear legal intent,...

Blog Articles, Case Law, In the News, Lawyers Duties, Metadata, Recent News, Rules
Michael D. Berman

Challenges to Redacted Metadata Privilege Log

September 16, 2025

A court ruled on a challenge to a metadata privilege log, allowing some redactions but requiring detailed descriptions for redacted entries and email attachments.

Blog Articles, Case Law, In the News, Metadata, Recent News, Rules, Technology
Michael D. Berman

Listing a Document on a Privilege Log Concedes That it is Relevant for Discovery

September 15, 2025

The court in Lively v. Skyline confirmed that including materials on a privilege log concedes their relevance for discovery, reinforcing Rule 26’s implications for privilege assertions.

Blog Articles, Case Law, In the News, Metadata, Recent News
Michael D. Berman

What is a “Document?”: Interior Email Omitted from Email Chain – Sanctions Follow for Lack of Candor to Court

September 11, 2025

In Golat II, the court sanctioned counsel for omitting a key email in a discovery dispute, spotlighting the duty of candor and redefining what qualifies as a “document” in ESI.

Blog Articles, Case Law, In the News, Lawyers Duties, Recent News, Rules
Michael D. Berman

Discovery of Search Terms & Ephemeral Signal Messages – It Has Not Yet Ended “With Us”

September 10, 2025

The Lively v. Wayfarer Studios case continues to raise key eDiscovery issues, with the latest ruling mandating production of Signal messages and search terms, while dismissing reciprocal demands as unfounded.

Blog Articles, Case Law, In the News, Metadata, Recent News, Technology
Michael D. Berman

No Duty to Produce Documents That Requestor Already Has

September 9, 2025

In Rutherford v. Central Bank of Kansas City, the court ruled that a party need not reproduce discovery already in opposing counsel’s possession. However, it required a gap analysis to determine what unique materials remained...

Blog Articles, Case Law, In the News, Recent News
Michael D. Berman

Geofencing, Geotargeting, and Geo-blocking, in Civil Litigation, Information Governance, and Regulation

September 9, 2025

Geofencing and its digital cousins are increasingly showing up in civil litigation and regulatory discussions. From jury influence to healthcare privacy, this post flags the key issues.

Blog Articles, In the News, Internet Regulation, Recent News, Rules
Michael D. Berman

When Does a Final Judgment Constitute Denial of a Motion That Was Not Expressly Denied?

August 26, 2025

The Fourth Circuit ruled that final judgment implicitly denies outstanding motions like Rule 56(d) discovery requests, clarifying standards while remanding an excessive force claim.

Blog Articles, Case Law, In the News, Recent News, Rules
Michael D. Berman

Half-Baked Motion to Compel Was Not Prompt, Not Ripe, Not Complete, and Not Likely to Succeed

August 22, 2025

In Golat v. Wisconsin State Court System, the court rejected a motion to compel as untimely, incomplete, and lacking good faith, highlighting the importance of candor and proper timing in discovery disputes.

Blog Articles, Case Law, In the News, Lawyers Duties, Recent News, Rules
Michael D. Berman

Three Depositions Reopened to Address After-Produced Documents – Fed.R.Civ.P. 30(d)(1)

August 15, 2025

A recent decision in In re Sandisk SSDs Litigation highlights how delayed document production, especially tied to withdrawn privilege assertions, can justify reopening depositions under Fed.R.Civ.P. 30(d)(1).

Blog Articles, Case Law, In the News, Recent News, Rules
Michael D. Berman

The Best Defense Was Not a Weak Offense

August 14, 2025

In back-to-back July 2025 rulings, the S.D.N.Y. sanctioned Charles Oakley for failing to preserve thousands of text messages after his 2017 MSG ejection, crediting MSG’s expert over Oakley’s and granting an adverse inference. Oakley’s counter-motion...

Blog Articles, Case Law, In the News, Lawyers Duties, Metadata, Recent News, Rules
Michael D. Berman

No Affidavit – No Joint Representation/Common Interest Privilege

August 12, 2025

In Fond Du Lac Band v. Cummins, the court ruled that a vague attorney affidavit failed to establish joint representation, dooming a privilege claim under the joint representation and common interest doctrines.

Blog Articles, Case Law, In the News, Lawyers Duties, Recent News, Rules
Michael D. Berman
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With deep sadness, we share the loss of Kaylee Walstad, Chief Strategy Officer of EDRM and an extraordinary advocate, mentor, and friend to so many in the eDiscovery and legal technology community. Kaylee’s generosity, encouragement, and compassion touched countless lives, and her legacy lives on in the people and organizations she lifted.

To honor Kaylee’s remarkable life and lasting contributions, we invite you to share your own memories, reflections, and images. Your tributes will help celebrate the joy she brought to others and the light she shared so freely with everyone she encountered.

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