Author: Michael D. Berman
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Failure to Show “Intent to Deprive” Leads to Denial of Rule 37(e)(2) Sanctions
A recent case highlights the importance of clearly demonstrating “intent to deprive” to secure sanctions under Rule 37(e)(2). In Boshea v. Compass Marketing, Inc., the court denied sanctions despite the possible destruction of relevant evidence,...
Authentication of Entire Video When Witness Observed Only Part of the Events Portrayed in the Video
Can a witness authenticate a video if the video contains images that the witness did not see? In Md. Supreme Court to rule on Baltimore criminal case involving video authentication – Maryland Daily Record (thedailyrecord.com) (Feb. 22, 2024),...
Maryland’s Proposed Data Privacy Act – Part of a Trend?
Michael Berman reports that Maryland is on the brink of enhancing online data privacy for its residents with the proposed Maryland Online Data Privacy Act of 2024, now under the legislative microscope as HB0567 and...
Maryland Bills to Protect Judges and Their Children
The Hon. Paul W. Grimm (ret.) has written about the organized Bar’s duty to support the judiciary from unwarranted attacks. OpEd: Legal Profession Must ‘Speak Out’ Against Unfair Attacks (duke.edu)(Oct. 24, 2023). I have echoed Judge...
Rusty Texts: Sending Privileged Information to Clients
In ‘Rust’ Armorer’s Phone Snafu Shows Risks Of Texting Clients – Law360 (Feb. 13, 2024), Phillip Bantz wrote: “A legal dust-up over compromised text messages between a movie prop weapons expert and her lawyer in the ‘Rust’...
No More “Masters”?
Long ago, when my wife, Patricia, and I were looking for a house, we abandoned the term “master bedroom” in favor of “main bedroom.” Bloomberg Law reports that: The American Bar Association is asking the...
Do “Evasive and Incomplete” Discovery Responses Support Draconian FRCP 37(d) Sanctions?
In Ogunsula v. Warrenfeltz, 2024 WL 298984 (D. Md. Jan. 25, 2024), the Court recognized a split of authority and addressed the interplay between Rule 37(a)’s maxim that “evasive and incomplete” discovery responses are deemed a...
Public Comments on Proposed 5th Circuit A.I. Rule
In Attys Split On 5th Circ.’s Proposed AI, Accuracy-Check Rule – Law360 (Jan. 30, 2024), Lauren Berg reported on the current status of a 5th Circuit proposed A.I. rule.1 Ms. Berg’s article stated that reactions “span from one...
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...