Author: Michael D. Berman
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ESI Protocol Dispute – “Modern Attachments” and the “Humpty Dumpty Issue”
In Re: Uber Technologies, Inc., Passenger Sexual Assault Litigation, 2024 WL 1772832 (N.D. Cal. Apr. 23, 2024), resolved a dispute over so-called “modern attachments” based on impressive and comprehensive technical presentations by sophisticated experts. Michael Berman...
There is Difference Between a Discovery-Based Daubert Exclusionary Ruling and a Discovery Sanction
In the recent case of Asokere v. Waldrop, the Appeals Court closely examined the effects of changing sworn expert testimony between deposition and Daubert hearings. This examination revealed essential differences between Daubert exclusionary rulings and...
Accurate and Complete Discovery Responses Can Be Strategically Advantageous
Explore the case of Management and Construction Services, LLC v. Sayers Construction, LLC. It highlights the importance of accurate and complete discovery responses in litigation. The court’s perspective shows that such precision in discovery can...
There’s No Right or Wrong Answer – But There Are Mistakes
In Rayome v. ABT Electronics, 2024 WL 1435098 (N.D. Ill. Apr. 3, 2024), the court wrote that “it would be in the parties’ interest to reach a negotiated result. It should not be forgotten that a...
Court Orders Parties to Enter Into an ESI Protocol
In the unusual context of a Delaware federal subpoena for discovery in a Spanish proceeding, a court ordered the parties“to meet and confer to discuss the scope of each request and to enter an agreed-upon ESI protocol and protective...
General Objections, Dracula, and “Whac a Mole”
Explore the persistent issue of boilerplate ‘general objections’ in legal discovery and learn how courts are addressing these practices to improve judicial efficiency and accuracy.
One Form of a Custodial Data Map
Explore the strategic advantages of using a Custodial Data Map in litigation to manage custodians efficiently and their electronically stored information (ESI), featuring insights on creation, application, and a downloadable template for immediate use.
Sometimes Discovery Disputes Do Not Bring Out the Best in Us.
In the recent decision in M1 Holdings, Inc. v. Members 1st Fed. Credit Union, 2024 WL 182220 (N.D. Ill. Jan. 17, 2024), interesting, both of the disputing litigants were ordered to state under oath that they...
How Much Detail is Enough in a Privilege Log?
In Southern Pine Credit Un. v. Southwest Marine & Gen’l. Ins. Co., et al., 2024 WL 1361891 (M.D. Ga. Mar. 29, 2024), the court addressed the amount of detail that must be in a privilege log. Southern...
What Happens When Parties Fail to Negotiate a Privilege Log in Good Faith?
In Kyle Rayome v. ABT Electronics, 2024 WL 1435098 (N.D. Ill. 2024), the court wrote that it “would prefer this case not go to the dark place where attorneys on one side demand that the attorneys on...
Changing the Forum for a Motion to Quash a Subpoena
Learn how a federal district court changed the forum for a motion to quash a subpoena from the district where compliance is required to the district where the action is pending.
Another Spoliation Motion Denied as Untimely
In an employment case, an untimely spoliation motion was denied in Smith v. Wormuth. Find out why courts are unsympathetic to motions that try to reargue substantive issues under the guise of spoliation and why...