Author: Michael D. Berman
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A Stipulation is a Binding Contract
The Waterworks Restoration Baltimore, LLC v. Shine Home Improvements, Inc. case highlights how stipulations between parties have the binding power of a contract. This article explores how the court enforced a stipulation for portico work,...
“Boilerplate” Objections Are Generally Condemned; Except When They’re Not
Based on the facts presented, boilerplate objections, often condemned in legal proceedings for lack of specificity, were sustained in Jacobs v. The Journal Publishing Co. This highlights the nuanced application of discovery rules and the...
Scheduling Orders Are Mandatory; Vital to Caseload Management; and, Enforced Even Where Parties Got Themselves Into a “Pickle” by Dilatory Efforts to Cooperate
The EEOC v. Hooters decision stresses the importance of scheduling orders in civil litigation, citing that delays caused by lack of diligence can disrupt court dockets and other cases. The court denied an extension of...
Application of Phil Favro & Judge Peck’s Lessons on Search Design
The case of Rayome v. ABT Electronics applies principles related to search design and keyword query disputes in ESI discovery, drawing on the expertise of Special Master Philip Favro and referring to practices outlined by...
“FTC’s AI Crackdown” on Allegedly “Overhyped” Claims About AI
The FTC’s “Operation AI Comply” targets five companies accused of misleading consumers about the value of their AI tools. The crackdown highlights the agency’s effort to regulate overhyped AI claims, prompting questions about the scope...
Self-Collection, Discovery About Discovery, and Curative Sanctions
EEOC v. Formel D USA, Inc. delves into key e-discovery issues such as self-collection, the role of counsel, and the implementation of litigation holds. The court’s findings emphasize the importance of active legal supervision in...
Data Collection by Cars with Connectivity
Cars with connectivity features, like Teslas in sentry mode, are collecting swaths of personal data. This article explores the privacy concerns, the legal landscape, and what consumers can do to protect their information.
E-Discovery 101 – A Refresher on the Scope of Discovery + Boilerplate Objections Sustained
This article discusses the court’s decision in Ho v. Jefferson Financial Credit Union (2024), where boilerplate objections were upheld due to the burdensome nature of the requests and the sufficient production of relevant documents, as...
Is a Court-Ordered ESI Protocol a Trap?
The case of Cook v. Meta Platforms highlights the enforceability of ESI protocols and the appropriate legal steps for modifying them if compliance becomes difficult or impossible.
Possession, Custody, or Control of Responsive Information by States Suing Meta
The Social Media Adolescent Addiction decision examines whether State Attorneys General hold legal control over state agency documents for discovery in a lawsuit against Meta, applying the “legal control” standard.
Privilege Waiver by: Disclosure to Therapist; and, in Rule 30(b)(6) Deposition Preparation
The court in Faulkenberry v. Austin ruled that disclosing attorney-client privileged information during therapy and using privileged documents to prepare for Rule 30(b)(6) depositions can result in a waiver of privileges.
Trust Me: Nothing in the Missing Video Would Have Helped You!
Klock v. Wal-Mart examines whether spoliation of video evidence occurred after a store manager claimed no video captured a slip and fall incident. The court ruled against sanctions, but this analysis questions whether the duty...