Case Law
← Back to Blog
Request for “The Jim Folder” Deemed Unambiguous; But Some Folder Names Were Privileged
A court found Allen’s refusal to produce “The Jim Folder” absurd, while upholding privilege for certain user-created metadata. The case highlights how clarity in discovery requests and context in metadata disputes can drive litigation outcomes.
Your Policy, Your Problem: Company Policies Often Define the Limits of Employee Privacy
As personal and professional use of devices intertwine, recent rulings show courts leaning heavily on employer policies to define employee privacy rights. The Yu Yu Lim case underscores how vague or permissive policies can create...
No Waiver When Work Product Was Disclosed to FBI
A court held that Carnival’s voluntary disclosure of a crewmember’s statement to the FBI did not waive work product protection, citing the cooperative, non-adversarial nature of the exchange.
What Connects “Popcorned Planet” and Ms. Blake Lively?
Blake Lively wins a discovery battle as the court denies Popcorned Planet’s privilege claims, ruling its YouTube content must be produced in her defamation suit.
Motion to Compel Production of Native Files Denied
In Legault v. Costco, the court denied a motion to compel native file production, citing IT security risks and a lack of protective order agreement between the parties.
What Triggers an Insurer’s Duty to Preserve in a Coverage Action?
In Moorer v. Nationwide, the court ruled that an insurer’s duty to preserve does not arise merely upon claim filing or attorney involvement but begins with claim denial.
Decision on 557 Requests for Admission in Blake Lively v. Wayfarer Parties/Justin Baldoni
In a discovery dispute over 557 requests for admission, the court found the Wayfarer Parties’ objections meritless but granted a short extension to aid in resolving the case fairly.
An “ESI Protocol” is Not a Rule 26(f) “Discovery Plan”
The Federal Rules mandate a discovery plan under Rule 26(f), but not an ESI Protocol. Understanding this difference is critical for defensible and compliant discovery practices.
How Much Attention Does a Big Case Deserve?
Using Lively v. Wayfarer Studios as a case study, this post examines how major lawsuits strain already overburdened federal judicial caseloads.
“Birth Video” Discovery Dispute in Lively v. Wayfarer Studios/Baldoni
Blake Lively wins partial motion over discovery of birth video footage in her lawsuit against Wayfarer Studios. The court orders production but denies sanctions.
![“[S]ometimes the Court’s job is to declare that perfection isn’t worth it.” by Michael Berman, E-Discovery LLC.](https://edrm.net/wp-content/uploads/2025/11/Berman-perfection-isnt-worth-it.png)
“[S]ometimes the Court’s job is to declare that perfection isn’t worth it.”
In Hughes v. Apple, the court upheld restrained redactions of irrelevant medical data in a class action over AirTag stalking, rejecting Apple’s demand for exhaustive detail as disproportionate and privacy-invasive.
Discovery Milestones Are Not a “Blank Check”
A producing party’s vague assurances to provide discovery documents “later” were found meaningless by the court in Estate of Wright v. County of Stanislaus. The case underscores that discovery deadlines are binding, not flexible guidelines,...