Author: Michael D. Berman
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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...
A Protective Order Has Teeth – Counsel Disqualified After Court Finds Violations
Violations of protective orders disqualified counsel in US Dominion, Inc. v. Byrne. The court emphasized the severity of the misconduct, which included the unauthorized dissemination of confidential documents.
Felder Part 2 of 4: Defendant Sanctioned for Late Cancellation of Depositions
The defendant in Felder v. MGM National Harbor, LLC was sanctioned for canceling key depositions just before the discovery deadline, highlighting the court’s stance on fair play and proper notice in legal proceedings.
Felder Part 1 of 4: Court-Ordered Transcription of “Meet and Confer” Session
A court-ordered transcription of a meet-and-confer session in Felder v. MGM National Harbor highlighted the importance of documented negotiations in resolving discovery disputes and ensuring compliance with court orders.
Maryland Bar Association Promotes Increased Judicial Security
The Maryland Bar Association actively promotes judicial security, highlighted by its support for the Judge Andrew F. Wilkinson Judicial Security Act. The MSBA continues to prioritize the safety of the judiciary through ongoing efforts and...
Discovery of Surveillance Video is Permitted Only After Deposition of Plaintiff
In Kent v. Warner, the court ruled that surveillance videos should be disclosed only after the plaintiff’s deposition to balance the interests of privilege and the need for disclosure. The court also rejected the plaintiff’s...
How to Create a “Metadata” or “Metadata Plus” Log Using a Litigation Review Platform
Uncover the process of generating a “metadata” or “metadata plus” privilege log with DISCO’s litigation review platform. This detailed guide provides step-by-step instructions and tips for creating efficient and effective logs.
“Attachments to Attorney-Client Communications May Be Withheld as Privileged, Without an Independent Basis for Privilege,” But….
In Linet Americas v. Hill-Rom Holdings, the court ruled that attachments to attorney-client communications can be withheld as privileged without needing an independent basis for privilege. This decision significantly impacts legal discovery practices and the...
Discovery About Discovery – When Was Duty to Preserve Triggered?
The court in Linet Americas v. Hill-Rom Holdings authorized limited discovery about when Linet’s duty to preserve was triggered, focusing on privilege-log-type information but not allowing discovery of privileged communications.
Agreement in ESI Protocol to Provide a “Metadata-Only” Privilege Log Was Enforced
In Linet Americas, Inc. v. Hill-Rom Holdings, Inc., 2024 WL 3425795 (N.D. Ill. Jul. 15, 2024), the court enforced an ESI Protocol that called for a “metadata-only” privilege log, even though the producing party redacted...
Mediation of Discovery Disputes by Court’s Law Clerk?
Judicial law clerks mediating discovery disputes offer an informal resolution method, but concerns about confidentiality and mediator qualifications persist. Explore how different courts handle discovery disputes and potential alternatives.