
Author: Michael D. Berman
← Back to Blog
Search
Authors
What Connects “Popcorned Planet” and Ms. Blake Lively?
Blake Lively wins a discovery battle as the court denies Popcorned Planet’s privilege claims, ruling its YouTube content must be produced in her defamation suit.
Motion to Compel Production of Native Files Denied
In Legault v. Costco, the court denied a motion to compel native file production, citing IT security risks and a lack of protective order agreement between the parties.
What Triggers an Insurer’s Duty to Preserve in a Coverage Action?
In Moorer v. Nationwide, the court ruled that an insurer’s duty to preserve does not arise merely upon claim filing or attorney involvement but begins with claim denial.
Decision on 557 Requests for Admission in Blake Lively v. Wayfarer Parties/Justin Baldoni
In a discovery dispute over 557 requests for admission, the court found the Wayfarer Parties’ objections meritless but granted a short extension to aid in resolving the case fairly.
An “ESI Protocol” is Not a Rule 26(f) “Discovery Plan”
The Federal Rules mandate a discovery plan under Rule 26(f), but not an ESI Protocol. Understanding this difference is critical for defensible and compliant discovery practices.
How Much Attention Does a Big Case Deserve?
Using Lively v. Wayfarer Studios as a case study, this post examines how major lawsuits strain already overburdened federal judicial caseloads.
“Birth Video” Discovery Dispute in Lively v. Wayfarer Studios/Baldoni
Blake Lively wins partial motion over discovery of birth video footage in her lawsuit against Wayfarer Studios. The court orders production but denies sanctions.
“[S]ometimes the Court’s job is to declare that perfection isn’t worth it.”
In Hughes v. Apple, the court upheld restrained redactions of irrelevant medical data in a class action over AirTag stalking, rejecting Apple’s demand for exhaustive detail as disproportionate and privacy-invasive.
“Just When You Thought It Was Safe to Go Back Into the Water,” A.I. Hallucinates Metadata
Generative AI doesn’t just invent facts in text; it can hallucinate metadata too. A recent Law360 article warns legal professionals about the hidden risk of AI-altered fields like author, timestamps, and even hash values. This...
Discovery Milestones Are Not a “Blank Check”
A producing party’s vague assurances to provide discovery documents “later” were found meaningless by the court in Estate of Wright v. County of Stanislaus. The case underscores that discovery deadlines are binding, not flexible guidelines,...
Did the 2015 Deletion of “Not Reasonably Calculated” From Rule 26(b)(1) Change the Scope of Discovery?
Did deleting “reasonably calculated” from Rule 26(b)(1) change the scope of discovery? A 2025 case clarifies the amendment’s intent and impact.
No Milestone Was Established in the ESI Protocol = No Milestone Existed
In Glaxosmithkline v. Pfizer, the Special Master denied a motion to compel, holding that no deadline existed for proposing additional search terms since the ESI Protocol set no milestone.
