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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.
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...