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Privilege Waiver by: Disclosure to Therapist; and, in Rule 30(b)(6) Deposition Preparation
The court in Faulkenberry v. Austin ruled that disclosing attorney-client privileged information during therapy and using privileged documents to prepare for Rule 30(b)(6) depositions can result in a waiver of privileges.
Trust Me: Nothing in the Missing Video Would Have Helped You!
Klock v. Wal-Mart examines whether spoliation of video evidence occurred after a store manager claimed no video captured a slip and fall incident. The court ruled against sanctions, but this analysis questions whether the duty...
Keyword Hits + Overbroad Terms ≠ Duty to Produce
The Ravin Crossbows court rejected broad keyword searches in e-discovery, citing their limitations and the need for cooperation in crafting practical terms. This case serves as a reminder of the risks of overbroad searches and...
When Must a Motion to Compel Be Filed? – Part 2
Turner v. Apple highlights the risks of delaying a motion to compel, even during good faith negotiations. The case serves as a reminder that timely action is crucial in discovery, and parties should avoid letting...
Generative Search Engines: Providing Answers Not Links
Generative Search Engines (GSE) are revolutionizing online search by providing real answers to user queries rather than just website links. By understanding natural language, context, and concepts, GSE delivers accurate and relevant responses, written or...
Court Denied Unopposed Motions for Protective Order and Approval of ESI Protocol
The court in Orlando Health, Inc. v. HKS Architects rejected unopposed motions for a protective order and an ESI protocol, emphasizing the need for legal justification. This ruling follows standard court practices that encourage parties...
Discovery is the Lawyer’s X-Ray; However, an MRI May Not Be Reasonable
In Khan v. County of Cook (2024), the court allowed focused and proportionate discovery requests, likening them to an x-ray, while rejecting broader, less justified demands comparable to an MRI.
Florida Takes a Measured Approach to Ethical Guardrails on Generative AI
Generative AI is transforming legal practice and raising complex ethical issues. On August 29, 2024, the Florida Supreme Court amended the Rules Regulating the Florida Bar to address these concerns, marking a forward-thinking approach to...
Is a “Composite” Video Admissible and Can a Police Officer “Narrate” It at Trial? – Part 2 of 2
In the case of Harrod v. State, the Appeals Court of Maryland ruled regarding the admissibility of composite video evidence and the role of police officers in narrating it during the trial. They upheld the...
Is a “Composite” Video Admissible and Can a Police Officer “Narrate” It at Trial? – Part 1 of 2
This article explores how the court in Harrod v. State addressed the admissibility of a prosecution-prepared “composite” video as summary evidence, focusing on the legal challenges and the court’s justification for its decision.
Privilege Log Entry That Document is “A-C Privileged and/or Work Product” Held Insufficient
In Deltondo v. The School District of Pittsburgh, the court ruled that “and/or” entries in privilege logs are insufficient, requiring clear and specific designation of the privilege claimed.
A Request to File a Privilege Log Under Seal Was Denied
A court in Sazerac Co., Inc. v. Republic Nat’l. Distributing Co. denied a request to seal a privilege log, highlighting that a stipulation between parties is insufficient without compelling reasons that outweigh the public’s right...