Author: Michael D. Berman
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Another Approach to Drafting and Discovery of Litigation Hold Notices
This article examines the evolving legal landscape of litigation hold notice discovery, highlighting privilege concerns, relevance, and strategic drafting to minimize risks. A proposed approach aims to balance disclosure with legal protections while avoiding unnecessary...
Cross-Motions to Compel in Employment Lawsuit
In Cooper v. Baltimore Gas and Electric Co., the court addressed cross-motions to compel, ordering forensic examinations of ESI, determining cost allocation, and emphasizing the importance of accurate discovery responses. This case highlights the evolving...
Waiver of Untimely Objections to Interrogatories: Is it = or ≠ to Requests for Production of Documents?
Courts differ on whether untimely objections to interrogatories and requests for production (RFPs) result in waiver. The CT Install America decision highlights key distinctions under Rules 33 and 34, while Hall v. Sullivan supports a...
Request to Appoint Neutral Forensic Expert Denied as Speculative and Unsupported
In Rivera v. Costco, the court denied a request for a neutral forensic expert, finding the claim speculative and unsupported. The ruling emphasized that courts should be cautious when ordering forensic investigations without credible evidence...
Privilege Logs, Null Sets, Search Strings, and Number of Custodians in One Decision
A recent ruling in Cook v. Meta Platforms, Inc. provides important insights into privilege logs, null sets, search strings, and custodian disputes in eDiscovery. The court’s decision highlights the balance between compliance and undue burden...
My Most Interesting Blogs From 2024
A recap of Michael Berman’s most compelling 2024 blogs, including key topics in eDiscovery, privilege logs, and innovative litigation strategies, along with gratitude for guest contributors.
Failure to Cooperate Leads to Judicially-Imposed ESI Protocol
The Zarfati court mandated a robust ESI protocol after the Defendant failed to propose alternatives, stressing the importance of cooperation and transparency in discovery.
It is Important to Understand an E-Discovery Vendor’s Contract
The Supreme Court of Alabama emphasized the importance of understanding vendor contracts in Digital Forensics Corporation, LLC v. King Machine, Inc. The case showcases how arbitration clauses can impact litigation and highlights key considerations for...
Fabricated Text Messages – – Some Lessons Are Never Learned
This article delves into recent legal cases where fabricated text messages played a central role, leading to severe professional and legal repercussions. Learn about key rulings with an expert analysis.
When a Parent (Corporation) Talks With its “Child” (Corporation) is it Privileged?
The Fond-du-Lac Band case raises critical questions about privilege in joint representation for parent and subsidiary corporations. Courts may not universally recognize automatic privilege, as demonstrated in this 2025 ruling.
When Can a Party Refer to Produced Records as an Answer to an Interrogatory?
In Red-D-Arc Inc. v. AMP 2 LLC (2025), the court examined the proper application of Rule 33(d) for answering interrogatories via business records. It highlighted the burden on both parties and emphasized that illegible or...
Google Avoids Discovery on Discovery Based on Insufficient Foundation for Request
In Taylor v. Google LLC, the court denied plaintiffs’ request for additional discovery, emphasizing that “discovery on discovery” requires proof of specific deficiencies. The plaintiffs failed to demonstrate Google’s chat messages contained unpreserved relevant evidence.