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Definition and Application the Crime-Fraud Exception to A-C Privilege
In Burge v. Teva, the court applied the crime-fraud exception to attorney-client privilege, requiring disclosure of redacted documents that evidenced fraudulent concealment involving counsel.
Rule 37(e)(1) Sanctions for Breach of Duty to Preserve Communications
A Maryland court imposed Rule 37(e)(1) sanctions against a plaintiff for failing to preserve key Facebook and text message communications, providing the jury with a special instruction on the spoliation.
When is a Motion for Protective Order Untimely? Meet and Confer Was Futile
In Singleton v. Mazhari, the court held that a protective order motion was timely and excused meet-and-confer efforts as futile, offering guidance on both timing and procedural waivers.
Plaintiff Raised a Troubling Spoliation Issue, But Did Not Surmount All Hurdles, and a Ruling Was Reserved
A Maryland court expressed concern over WMATA’s failure to produce key inspection reports after a garage slip-and-fall but declined to impose harsh spoliation sanctions, reserving judgment on narrower remedies.
Request for Email Threading Protocol Rejected & Discussed Use at Trial
In In Re Tecfidera Antitrust Litigation, the court rejected a proposed email threading protocol due to usability and metadata concerns, emphasizing Rule 34’s requirement to produce ESI as ordinarily maintained and noting a lack of...
Deepfakes Uncovered – iPhone 6 Could Not Have Captured the A.I.-Generated Evidence
A California court in Mendones v. Cushman and Wakefield found that key video and image exhibits were GenAI deepfakes. Metadata and platform inconsistencies, plus an implausible claim that an iPhone 6 on iOS 12.5.5 used...
Court Denies Joint Request to Enter a Proposed ESI Protocol as a Court Order
The Middle District of Florida denied a joint motion to adopt an ESI protocol as a court order, stating that private agreement between parties suffices unless a proper legal basis for court involvement is demonstrated.
Rules Matter – So Does the Duty to Cooperate – “Quick Peek” Showed Production Failures
A recent ruling in Brito v. New Life highlights how a “quick peek” agreement revealed critical discovery failures, resulting in sanctions and reinforcing the duty to cooperate under federal procedural rules.
My Father is a Lawyer – Are My Emails With Him Privileged?
A federal court ruled that emails between a woman and her father, a litigator, were not protected by attorney-client privilege. The decision highlights that a familial relationship alone doesn’t establish privilege without clear legal intent,...
Challenges to Redacted Metadata Privilege Log
A court ruled on a challenge to a metadata privilege log, allowing some redactions but requiring detailed descriptions for redacted entries and email attachments.
Listing a Document on a Privilege Log Concedes That it is Relevant for Discovery
The court in Lively v. Skyline confirmed that including materials on a privilege log concedes their relevance for discovery, reinforcing Rule 26’s implications for privilege assertions.
What is a “Document?”: Interior Email Omitted from Email Chain – Sanctions Follow for Lack of Candor to Court
In Golat II, the court sanctioned counsel for omitting a key email in a discovery dispute, spotlighting the duty of candor and redefining what qualifies as a “document” in ESI.