Author: Michael D. Berman
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Keyword Hits + Overbroad Terms ≠ Duty to Produce
The Ravin Crossbows court rejected broad keyword searches in e-discovery, citing their limitations and the need for cooperation in crafting practical terms. This case serves as a reminder of the risks of overbroad searches and...
When Must a Motion to Compel Be Filed? – Part 2
Turner v. Apple highlights the risks of delaying a motion to compel, even during good faith negotiations. The case serves as a reminder that timely action is crucial in discovery, and parties should avoid letting...
Court Denied Unopposed Motions for Protective Order and Approval of ESI Protocol
The court in Orlando Health, Inc. v. HKS Architects rejected unopposed motions for a protective order and an ESI protocol, emphasizing the need for legal justification. This ruling follows standard court practices that encourage parties...
Discovery is the Lawyer’s X-Ray; However, an MRI May Not Be Reasonable
In Khan v. County of Cook (2024), the court allowed focused and proportionate discovery requests, likening them to an x-ray, while rejecting broader, less justified demands comparable to an MRI.
Is a “Composite” Video Admissible and Can a Police Officer “Narrate” It at Trial? – Part 2 of 2
In the case of Harrod v. State, the Appeals Court of Maryland ruled regarding the admissibility of composite video evidence and the role of police officers in narrating it during the trial. They upheld the...
Is a “Composite” Video Admissible and Can a Police Officer “Narrate” It at Trial? – Part 1 of 2
This article explores how the court in Harrod v. State addressed the admissibility of a prosecution-prepared “composite” video as summary evidence, focusing on the legal challenges and the court’s justification for its decision.
Privilege Log Entry That Document is “A-C Privileged and/or Work Product” Held Insufficient
In Deltondo v. The School District of Pittsburgh, the court ruled that “and/or” entries in privilege logs are insufficient, requiring clear and specific designation of the privilege claimed.
A Request to File a Privilege Log Under Seal Was Denied
A court in Sazerac Co., Inc. v. Republic Nat’l. Distributing Co. denied a request to seal a privilege log, highlighting that a stipulation between parties is insufficient without compelling reasons that outweigh the public’s right...
Takeaways From Felder v. MGM National Harbor
This summary of Felder v. MGM National Harbor highlights court-ordered transcriptions of meetings, sanctions for deposition cancellations, and the court’s ruling on video evidence retention policies.
When Must a Motion to Compel Be Filed?
Understanding when to file a motion to compel is crucial, as untimely motions are often denied. This article discusses the importance of timely filing, potential exceptions, and how local rules and common law principles can...
Felder Part 4 of 4: Was the Felder Defendant’s 14-Day Video Overwriting Policy Defensible?
This final part in the Felder v. MGM series examines whether the defendant’s 14-day video overwriting policy was reasonable under the circumstances and explores critical questions about the policy’s defensibility.
Felder Part 3 of 4: Defendant’s Overwriting of Video Footage After 14 Days Held Not to be Spoliation
In the case of Felder v. MGM National Harbor, the court found that overwriting video footage after 14 days did not constitute spoliation. The ruling highlights the necessity of prompt preservation demands when relying on...