Author: Michael D. Berman
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Defendant’s Prejudice From Plaintiff’s Failure to Disclose Photographs Taken by Defendant Was Insufficient to Support an Exclusionary Discovery Sanction
In Matter of City of Hagerstown, the Appellate Court of Maryland held that a plaintiff’s failure to disclose photos did not justify their exclusion as a discovery sanction, finding minimal prejudice.
Fed.R.Civ.P. 26(g) Was Violated by Permitting Client Searches With Minimal Oversight by Counsel
A court ruling in Grullon v. Lewis held that allowing clients to self-collect discovery with minimal attorney oversight violates Rule 26(g), highlighting the need for counsel’s active involvement.
Privilege Log Helps Defeat Summary Judgment on One Count
In Conner v. Stark & Stark, a federal court used the defendant’s privilege log to identify factual disputes regarding the timing and motivation behind a termination decision, enabling the plaintiff’s discrimination claims to survive summary...
Privilege Log Deemed Partially Inadequate
In Gilbane Bldg. Co. v. School Bd. of Broward County, the court addressed six privilege log disputes, offering practical guidance on adequacy, role identification, email threads, and subject descriptions in discovery.
All Metadata is Not Equal – Court Orders Narrower Request
The Court in Heym v. APG Housing emphasized the need for proportionality in eDiscovery, denying a blanket metadata request and urging targeted production aligned with Maryland’s ESI Principles. The decision also addressed the scope of...
Agreement to Permit Forensic Imaging May Leave Some Unresolved Questions
In HET MCPS v. AutoFlex, the court granted a motion for forensic imaging of devices, but key questions remain about post-imaging data handling, including privilege, relevance, and production protocols. The case underscores evolving challenges in...
Sanctions Denied Because of Lack of Prejudice, Despite Breach of Duty to Preserve Video
The District of Maryland in Moore v. WMATA denied spoliation sanctions despite finding a breach of the duty to preserve video evidence. The ruling emphasized the need for concrete proof of relevance and prejudice.
![“How Secret Service agents caught a child sex abuser distributing [Child Sex Abuse Material]” by Michael Berman, E-Discovery LLC](https://edrm.net/wp-content/uploads/2025/06/Berman-Secret-Service-CSAM-Investigation.png)
“How Secret Service agents caught a child sex abuser distributing [Child Sex Abuse Material]”
This gripping report outlines the meticulous work by U.S. Secret Service agents to track down a child predator, combining digital clues, forensic analysis, and human insight to achieve justice.
“Diligent Search,” But No Responsive Data Is Insufficient Response
The EEOC prevailed in discovery disputes against Mia Aesthetics by presenting factual support, challenging vague claims of a “diligent search” for responsive data. The court emphasized that specificity and documented efforts are required to meet...
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...