Author: Michael D. Berman
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Lawyer Refused to Appear on Camera in Virtual Deposition
In Client escapes sanction for lawyer’s refusal to appear on camera in Zoom deposition (abajournal.com)(Jan. 25, 2024,), Debra C. Weiss reported on Agnone v. Agnone, 2024 WL 242488 (Cal. App., 2d Dist., Jan. 23, 2024)(unreported). She wrote: The...
And When I Die… What Happens to My Social Media? – – Part II
In a prior blog, And When I Die…. What Happens to My Social Media?, I discussed Maryland’s “Fiduciary Access to Digital Assets Act” (“MFADAA”). The statute permits the “user” of “digital assets” to authorize a designee to...
“Self-Collection” May Be Reasonable Using Ralph Losey’s Dual-Protection System
Explore the nuanced approach to self-collection in e-discovery as advocated by Ralph Losey, Esq. This blog delves into a dual-protection system that balances self-collection risks with the need for proportionality and attorney oversight. Highlighting landmark...
Defendant Who Participated in Text Message Exchange Was Not Prejudiced by Disclosure on the Eve of Trial
This article analyzes ‘Pointer v. State’ and late evidence disclosure in criminal trials, its impact on defendant’s rights and legal procedures. It also explores Maryland’s rules on civil discovery as opposed to criminal discovery in...
If You’re Going to Coach a Witness and Misrepresent it to the Court, Turn Off the Recorder
In Hernandez v. La Fortaleza, Inc., 2024 WL 65217 (N.J. Super. Ct. App. Div. Jan. 5, 2024)(per curiam), plaintiffs’ slip and fall claim was dismissed with prejudice, and attorneys’ fees were also awarded, due to...
The ESI Protocol: Your Word is Your Bond… Or, Is It?
Should court-ordered ESI protocols be set in stone? This article examines cases where strict adherence to protocols led to sanctions but argues some flexibility may be reasonable.
Failure to Object to Untimely Interrogatories Coupled With a Discovery Violation Leads to Reversal
In Discovery Violation Requires New Civil Rights Trial Against Cop (bloomberglaw.com)(Jan. 3, 2024), Mr. Bernie Pazanowski reported on Morgan v. Tincher, No. 21-2060, __ F.4th __ (4th Cir. Jan. 3, 2024). In short, plaintiff filed untimely interrogatories. Defendant responded without objecting...
Michael Berman’s Top Blogs of 2023
Michael Berman published 108 blog articles in 2023, including: How to Read a Load File More on “Modern Attachments,” “Pointers,” or Hyperlinked Documents – Humpty Dumpty and “Usability” Possession, Custody, or Control – Part II...
Hallucinations: “Well, here’s another nice mess you’ve gotten me into!”
Oliver Hardy, of Laurel and Hardy fame, said: “Well, here’s another nice mess you’ve gotten me into!” That’s what happened with the citation of three non-existent cases in a motion for early termination of supervised release that was...
“ESI Protocol” v. “Discovery Plan”
“ESI Protocols” are discussed in judicial opinions, articles, webinars, and blogs. They are flexible and useful; however, they may not meet all of the requirements of Fed.R.Civ.P. 26(f). After a Rule 26(f) conference, that Rule requires a...
Procedures to Avoid, and Promptly Resolve, Discovery Disputes in the District of Maryland
The US District Court of Maryland has several procedures to expedite discovery disputes.
How to Read a Load File
Why is a “load file” important in certain productions of documents? A “load file” is actually several files that work together to “load and organize information within e-discovery software so that the documents may be...