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Spoliation Discovery Permitted
In Li v. Merck & Co., the court granted a motion to compel spoliation interrogatories, requiring the plaintiff to fully respond about potential document destruction. The ruling highlights key discovery obligations in employment disputes.
Consulting an Attorney Did Not Trigger the Duty to Preserve
In Li v. Merck & Co., Inc., the court held that consulting an attorney to understand one’s rights does not necessarily mean litigation was anticipated, delaying the duty to preserve.
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...
Creating a Compelling Argument in the BP Trial: Halliburton’s Closing
This article explores how Generative AI, using DiscoveryPartner, crafted Halliburton’s closing argument in the BP trial by analyzing extensive trial materials and providing an evidence-based defense.
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...
Modernizing Florida Litigation: The 2025 Civil Procedure Rule Overhaul
Florida’s 2025 civil procedure rule amendments introduce mandatory case management, proportionality in discovery, and initial disclosure requirements. These reforms, modeled after federal standards, aim to streamline litigation, reduce delays, and enhance judicial efficiency. Practitioners must...
Tailor FRE 502(d) Orders to the Case
FRE 502(d) orders are essential tools in modern litigation, offering protections for privileged information. Discover how tailored provisions can balance efficiency and fairness.
AI Hallucinations in Court: A Wake-Up Call for the Legal Profession
Despite judicial warnings, attorneys continue to submit AI-generated court documents with fabricated citations. This article explores key cases, ethical obligations, and best practices for responsible AI use in legal practice.
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.