Author: Michael D. Berman
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Unicorn Rejects A.I. Protective/Confidentiality Order – Order Entered in Criminal Case
In Litton v. Roblox Corporation, the Northern District of California declined to modify its model protective order to address AI use, relying on existing standing-order provisions. Michael D. Berman contrasts that decision with a growing...
The Most Significant Ethics Decision of 2026? And it is Only May
The Northern District of California’s sanctions decision in Guardant Health v. Natera may become one of the most consequential legal ethics rulings of 2026. The court adopted findings that multiple attorneys failed to investigate red...
If “Junk” is Responsive to Your Request, You Can’t Complaint About Getting “Junk”
In Alex v. City of Ann Arbor, the court rejected objections to PDF productions and alleged “junk” documents, holding that broad discovery requests often produce broad results.
Deepfake Photos Admitted – Proponent Held in Contempt – 45-Day Incarceration
In an unpublished opinion, the Kentucky Court of Appeals let stand a finding of contempt with a 45 day incarceration for a photo submitted to prove a health care incident during a divorce proceeding. Opinions...
EEOC v. Mia Aesthetics Clinic ATL, LLC – Round III
In EEOC v. Mia Aesthetics Clinic ATL, LLC – Round III, the court rejected reliance on routine document destruction policies as a shield against spoliation sanctions and held that deposition testimony is not an adequate...
EEOC’s Tenacious Pursuit of Discovery Bore Fruit
In EEOC v. GEM Management, LLC, the EEOC’s persistent pursuit of discovery led to a substantially granted motion to compel. The court criticized GEM’s ESI search methodology, custodial self-collection, form of production, Bates numbering, and...
Request for Expedited Discovery Granted; Motion to Stay Discovery Denied
A federal court in Ohio granted a plaintiff’s request for expedited discovery tied to a preliminary injunction motion while denying the defendants’ attempt to stay discovery pending resolution of a Rule 12(b)(6) motion to dismiss.
Request for Preservation Order Denied Under the “Cry Wolf” Doctrine
Courts do not lightly issue preservation orders. A request for a preservation order was denied in In Re Zeta Global Data Privacy Litigation, 2026 WL 1283618 (S.D.N.Y. May 11, 2026).
District of Nevada’s Opportunity for Junior Lawyers to Argue Motions
Like most, if not all, federal courts, the District of Nevada has a local rule that permits it to consider motions with or without a hearing. However, there is a novel twist in one Judge’s...
Motion for Reconsideration—It Does Not Exist—But It Is Routinely Entertained—On Limited Grounds
A Colorado federal court denied reconsideration in Stanisaveljevic v. The Standard Fire Ins. Co., finding that evidence already in a party’s possession but left unreviewed is not newly discovered. The opinion reinforces that discovery choices...
What is a “Shotgun” Pleading?
In Kelly v. City of Cochran, GA, the court applied established Eleventh Circuit precedent to explain the four defining characteristics of an impermissible “shotgun” pleading under the Federal Rules of Civil Procedure.
Supervisory Duties vis-à-vis “Hallucinated” Citations
A California federal court sanctioned a supervising partner for AI-hallucinated citations his associate filed, holding that a firm’s silence on citation-checking policy implicates the whole institution.