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An ESI Protocol Saved the Day for the Discovering Party
In a key discovery ruling, the Eastern District of New York emphasized the power of an ESI Protocol in compelling compliant document production. The court ordered reproduction of unsearchable PDFs and rejected the excuse of...
Order Granting In Camera Review of Work Product Claim
In Hall v. Baltimore Police Dept., the court authorized in camera review of documents from the Mid-Atlantic Innocence Project to resolve disputes over opinion versus fact work product protection. The decision emphasizes proper privilege assertions...
Motion to Compel Searching of BYOD Devices – Defendant’s Information Governance Policy Determined Outcome
In Allergan v. Revance, the court denied a motion to compel searches of employee BYOD devices, citing Revance’s clear policies limiting access and control. The ruling emphasizes how well-defined governance policies can influence discovery outcomes.
Texas Upholds Narrow Geofence Warrant After Melee Resulted in Murder
In Wells v. State, the Texas Court of Criminal Appeals upheld a narrowly tailored geofence warrant used to identify suspects in a deadly home invasion, emphasizing its compliance with Fourth Amendment standards. The decision contributes...
From Texts to Trials: The Impact of Mobile Data on eDiscovery Today
Mobile data is increasingly central to modern eDiscovery, with courts confronting complex issues of privacy, preservation, and proportionality. This article explores landmark cases and recent rulings that demonstrate the evidentiary power and legal implications of...
No Privilege Log is Necessary in Limited Circumstances When Discovery Requests Are Overbroad
In Hall v. Baltimore Police Dept., the court applied an exception to the privilege log requirement where discovery demands were overbroad and burdensome. This article examines how courts weigh categorical objections and privilege claims in...
“It Ends With Us”
In Lively v. Wayfarer Studios, the court addressed the scope and intrusiveness of subpoenas issued by Blake Lively for phone records. While modified, the subpoenas were deemed overly broad and intrusive, leading to a partial...
Should Discovery be Stayed Pending Ruling on Dispositive Motion?
In Hernandez v. Event Tickets Center, Inc., the court rejected a stay of discovery pending a dispositive motion, emphasizing its discretion and the need to weigh litigation efficiency against potential prejudice. The court applied a...
ESI Protocol Not Yet Entered as an Order Was Binding, But it Was Not a Fed.R.Civ.P. 34 Request
The court in Orlando Health v. HKS Architects found the ESI Protocol binding even though it wasn’t entered as a court order. However, it denied a motion to compel based solely on the protocol, emphasizing...
How Not to Conduct a Meet and Confer or Comply With an ESI Protocol
IIn 777 Partners, LLC v. Leadenhall Capital Partners LLP,, the court entered an order denying plaintiff’s motion to compel supplemental document discovery and closing discovery. While other issues were addressed, two are discussed in this...
“How many years of files is enough, and how many years is too many?”
In Flores v. Guevara, the court addressed recurring discovery battles in Monell litigation tied to disgraced detective Reynaldo Guevara. The decision highlights the importance of cooperation, reasonable compromise, and adherence to procedural rules in complex...
Court Holds That an ESI Protocol Must be Specific in GenAI Copyright Class Action
In Andersen v. Stability AI Ltd., the court emphasized that ESI Protocols must be specific to be effective, especially in complex GenAI copyright disputes. The ruling highlights the risks of unresolved ESI disagreements and judicial...