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What Objections May Be Raised to a Subpoena by a Non-Party?
In Trusted Sci. & Tech., Inc. v. Evancich, the Maryland Appellate Court clarified that non-parties can object to subpoenas on relevance, overbreadth, and undue burden. The decision underscores the importance of protecting non-party interests in...
Discovery Denied Because “the Book is Not Worth the Candle” – 50 Custodians is Enough
In Dale v. Deutsche Telekom AG, the court ruled that adding three additional in-house counsel to a list of 50 custodians for discovery would be disproportionate to the needs of the case. The court emphasized...
A Stipulation is a Binding Contract
The Waterworks Restoration Baltimore, LLC v. Shine Home Improvements, Inc. case highlights how stipulations between parties have the binding power of a contract. This article explores how the court enforced a stipulation for portico work,...
“Boilerplate” Objections Are Generally Condemned; Except When They’re Not
Based on the facts presented, boilerplate objections, often condemned in legal proceedings for lack of specificity, were sustained in Jacobs v. The Journal Publishing Co. This highlights the nuanced application of discovery rules and the...
Scheduling Orders Are Mandatory; Vital to Caseload Management; and, Enforced Even Where Parties Got Themselves Into a “Pickle” by Dilatory Efforts to Cooperate
The EEOC v. Hooters decision stresses the importance of scheduling orders in civil litigation, citing that delays caused by lack of diligence can disrupt court dockets and other cases. The court denied an extension of...
Key Lessons on Modern Attachments and Chat Applications for E-Discovery Case Law
Recent case law highlights e-discovery professionals’ challenges with hyperlinked documents and chat platforms. Gain key insights and strategies to stay compliant with evolving e-discovery obligations.
Application of Phil Favro & Judge Peck’s Lessons on Search Design
The case of Rayome v. ABT Electronics applies principles related to search design and keyword query disputes in ESI discovery, drawing on the expertise of Special Master Philip Favro and referring to practices outlined by...
September’s Notable Cases and Events in E-Discovery
This update covers September’s key e-discovery developments, focusing on court decisions addressing negotiations over ESI search terms, standards for metadata production, discovery of litigation hold information, and sanctions for ESI spoliation.
Self-Collection, Discovery About Discovery, and Curative Sanctions
EEOC v. Formel D USA, Inc. delves into key e-discovery issues such as self-collection, the role of counsel, and the implementation of litigation holds. The court’s findings emphasize the importance of active legal supervision in...
E-Discovery 101 – A Refresher on the Scope of Discovery + Boilerplate Objections Sustained
This article discusses the court’s decision in Ho v. Jefferson Financial Credit Union (2024), where boilerplate objections were upheld due to the burdensome nature of the requests and the sufficient production of relevant documents, as...
Is a Court-Ordered ESI Protocol a Trap?
The case of Cook v. Meta Platforms highlights the enforceability of ESI protocols and the appropriate legal steps for modifying them if compliance becomes difficult or impossible.
Possession, Custody, or Control of Responsive Information by States Suing Meta
The Social Media Adolescent Addiction decision examines whether State Attorneys General hold legal control over state agency documents for discovery in a lawsuit against Meta, applying the “legal control” standard.