Author: Michael D. Berman
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Bad Things Can Happen When Company Officers Use Their Private Email Accounts for Work
Michael Berman analyzes Clark v. Council of Unit Owners of the 100 Harborview Drive Condominium Association, 2024 WL 2155021 (D. Md. May 13, 2024)(Quereshi, J.) for the court’s guidance on business versus personal email from an...
Documents Withheld Under Deliberative Privilege – No Privilege Log Needed?
Mike Berman analyzes Blue Mountains Biodiversity Project v. Jeffries, 99 F.4th 438 (9th Cir. 2024) to determine where the obligation to disclose for transparency meets deliberative privilege with impacts on whether a privilege log must...
Law360 Report on “Dropbox Rummaging” Case
In a legal dispute over Dropbox discovery, an appellate panel scrutinizes a $160,000 sanction imposed in the $10 million case. The issue is the untimely notice to the producing party about accessed documents and the...
ABA Formal Opinion on Lawyer Use of Listservs
The ABA said that lawyers must not disclose any client-related information on listservs without informed consent, as per Formal Opinion 511, reinforcing the confidentiality required under ABA Model Rule 1.6.
An Epilog: 4 Things You Never Wanted to Hear + 8 Lessons & a Dispute Over Revealing Recipients of Litigation Hold Notices, All in One Case
Social media platforms face allegations of targeting and addicting youth in the Social Media Adolescent Addiction case. This comprehensive analysis dives into the multifaceted challenges of e-discovery and litigation hold notices in the digital agea....
8 Lessons Learned – Part IV – Disclosure of Recipients of Litigation Hold Notices
A significant ruling in the Social Media Addiction case has determined that fundamental information about individuals who receive litigation hold notices should not be withheld. This decision is crucial, as it challenges established beliefs regarding...
8 Lessons Learned – Part III – Redaction Provision of ESI Protocol
This article examines the redaction provisions of the ESI Protocol from the recent Social Media Adolescent Addiction litigation, focusing on legal standards for redacting irrelevant, privileged, and confidential information and the procedural guidelines enforced by...
8 Lessons Learned – Part II – “Hit” Report Provision of ESI Protocol
In this second installment of Berman’s 8 Lessons Learned, we delve deeper into the essentials of ESI protocols, examining their application in the Social Media Adolescent Addiction case. This segment underscores the vital role of...
8 Lessons Learned – Part I – The “Humpty Dumpty” Clause of ESI Protocol
This article examines the “Humpty Dumpty” clause in ESI protocol within the Social Media Addiction lawsuit. It focuses on the challenges and strategies for handling electronic documents with hyperlinks, including the evidentiary issues they pose....
4 Things You Never Wanted to Hear + 8 Lessons & a Dispute Over Revealing Recipients of Litigation Hold Notices, All in One Case
According to the ruling in the Social Media Adolescent Addiction/Personal Injury Products Liability Litigation case, specific ESI protocols are crucial to ensure that electronically stored information is handled correctly. The court also determined that the...
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...