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Former CEO Had No Reasonable Expectation of Privacy in Company’s Electronic Devices
Michael Berman explores U.S.A. v. Chu as an important reminder of the importance of information governance in connection with assertions of privacy or privilege when an employee uses business devices for personal communications.
The Standard for In Camera Review
BSD Crown demonstrates that a request for in camera review—like every other discovery motion—should be supported by a detailed factual predicate.
More on “Bulldog Law”
Michael D. Berman examines the legal decisions around “Bulldog Law” in LLP v. Bulldog Law, P.C. The court ordered an adverse
Unsupervised Self Collection—The Fox Guarding the Chicken Coop—Leads to Discovery on Discovery
Michael Berman examines EEOC v. Yas Carib, Inc as an example of the issue of unsupervised self-collection by Defendants. The case covers attorneys as witnesses, “discovery on discovery”, technical competence, proportionality and “reasonable inquiry.”
Asking When Untimely Discovery Responses Will Be Provided Doesn’t Consent to an Extension
In Dochee v. The Methodist Hospitals, Inc., the court addressed discovery responses served six weeks to two months late. Although it viewed Defendants’ failure to seek an extension or timely respond with disfavor, the court...
Dispute over A.I. Protective Order
In U.S. v. Thomas, defense counsel and the Government disputed proposed protective-order restrictions governing the use of AI in discovery. The court declined both to compel production of purportedly non-sensitive Rule 16 discovery and to...
There is No “Tit for Tat” Defense to a Discovery Request
Michael D. Berman examines Middien v. Gillgan, where the court rejected a “tit-for-tat” approach to discovery, explaining that one party’s alleged discovery failures do not excuse another party’s noncompliance. Berman connects the ruling to decisions...
ESI Protocol Held Not to Apply to Non-Party
Michael D. Berman reviews Burge v. Teva Pharmaceuticals Industries, Ltd., where the court found that the parties’ ESI Protocol did not apply to non-party Goodwin and ordered in camera review of redacted emails.
Use of an A.I. Recorder in Depositions? In a “Meet and Confer”?
In Greco v. Hon. Robert W. Lane, a Nevada federal court found no procedural defect in a request to use an AI voice recorder as a secondary deposition record, while leaving substantive concerns for another...
Phil Favro Discusses Deepfakes and Authentication
Michael Berman examines Phil Favro’s analysis of U.S. v. Belt and the growing challenges surrounding deepfake evidence authentication. The article highlights video provenance, native-file preservation, chain of custody, forensic examination, and established authentication methods for...
The Case of the Missing Lab Notebooks
In Terran Biosciences, Inc. v. Compass Pathfinder Limited, defendants sought sanctions over missing physical lab notebooks in a trade secrets dispute. The court found sanctions unwarranted because defendants failed to establish that the notebooks were...
A Brief Writing Lesson from the Court of Federal Claims
The Court of Federal Claims offered a pointed writing lesson in Scale AI, Inc. v. U.S.: the strongest briefs exercise restraint, focusing on the arguments most likely to prevail rather than taking a “scattershot” approach...