Author: Michael D. Berman
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Discovery About Discovery – When Was Duty to Preserve Triggered?
The court in Linet Americas v. Hill-Rom Holdings authorized limited discovery about when Linet’s duty to preserve was triggered, focusing on privilege-log-type information but not allowing discovery of privileged communications.
Agreement in ESI Protocol to Provide a “Metadata-Only” Privilege Log Was Enforced
In Linet Americas, Inc. v. Hill-Rom Holdings, Inc., 2024 WL 3425795 (N.D. Ill. Jul. 15, 2024), the court enforced an ESI Protocol that called for a “metadata-only” privilege log, even though the producing party redacted...
Mediation of Discovery Disputes by Court’s Law Clerk?
Judicial law clerks mediating discovery disputes offer an informal resolution method, but concerns about confidentiality and mediator qualifications persist. Explore how different courts handle discovery disputes and potential alternatives.
The Standard for In Camera Review of Assertedly Privileged Documents
In Willoughby v. Govt’. Employees Insurance Co., 2024 WL 3183860 (M.D. Fl. June 26, 2024), the court explained the standard governing requests for in camera review. While there were several motions and cross-motions, on the in camera review issue, the court...
Documents Withheld by Admin Agency Must be Logged Even if Not in Admin Record
In recent court rulings, administrative agencies are now required to provide a privilege log for documents withheld from the administrative record under deliberative privilege. This practice of providing a privilege log plays a crucial role...
The Federal “Official Information” Privilege
Explore the complexities of the federal “official information” privilege, as demonstrated in Hipschman v. County of San Diego, 2024 WL 3206909 (S.D. Cal. June 26, 2024). This case highlights the privilege’s application and requirements, offering...
Recent Example of a Valid Effort to “Meet and Confer” to Resolve Discovery Disputes
Explore how the Jenkins v. Miller case exemplifies the necessary efforts to meet and confer in good faith to resolve discovery disputes, underscoring the importance of cooperation as required by local and federal rules.
Gen Z Reportedly Moving to Social Media for Information Instead of Traditional Search Engines
A Forbes and Talker Research study highlights that Gen Z is using social media for information and shopping more than ever, reducing their reliance on traditional search engines like Google. This shift has significant implications...
Geofence Search Warrant Held Valid
In a significant ruling, the court confirmed the legality of a geofence warrant used by county police to investigate the theft of farm equipment. Despite objections regarding its specificity and probable cause, the warrant was...
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...
When is Failure to Provide a Timely Privilege Log Excusable?
In Melton, 2024 WL 3015749, at *5, the court recognized the general rule: “s a general rule, when a party fails to object timely to interrogatories, production requests, or other discovery efforts, objections thereto are waived…. Furthermore,...
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...